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NY M82835




May 8, 2006

CLA-2-31:RR:NC:2:238 M82835

CATEGORY: CLASSIFICATION

TARIFF NO.: 3105.10.0000; 3105.20.0000

Mr. Jon Springer
Cambridge Geolife
517 Stauderher Street
Bozeman, MT 59715

RE: The tariff classification of GEOLIFE® for Vegetables & Fruits, GEOLIFE® for Strawberries, GEOLIFE® for Artichokes, GEOLIFE® for Vineyards, and GEOLIFE® for Greenhouses from Switzerland

Dear Mr. Springer:

In your letter dated April 12, 2006, you requested a tariff classification ruling.

The five products named above each consist of three parts, namely: GEOLIFE® Humificating Compound A, B, C; GEOLIFE® Catalyst Fertilizer; and GEOLIFE® Foliage Fertilizer. GEOLIFE® Humificating Compound A, B, C, in turn, consists of three components (“Part A, ”Part B,” and “Part C”)

“Part A” (20% by weight) is described as “a lipoproteic product in powder form,” containing raw protids, lipids, ashes, fibers, vitamins and non-nitrogenous extracts. “Part B” (30% by weight) is described as “an enzymatic product in powder form,” containing, inter alia, enzymes, non-pathogenic bacteria, vegetal extracts, humic and, fulvic acids, and the three fertilizing elements: nitrogen, phosphorus, and potassium. “Part C” (50% by weight) is described as a “catalyst in liquid form,” containing, inter alia, the three fertilizing elements: nitrogen, phosphorus, and potassium, and magnesium, silica, humic and fulvic acids. The three components are currently packaged in a box weighing 2 kilograms. that are mixed together, prior to application, to make, what you describe as, a “soil amendment Also called soil conditioners – “materials added to soil to improve plant growth and health.” (Retrieved from “http://en.wikipedia.org/wiki/Soil_conditioner.”) /fertilizer.” GEOLIFE® Catalyst Fertilizer is described as a “liquid fertilizer” containing, inter alia the three fertilizing elements: nitrogen, phosphorus, and potassium and is packaged in a ten-liter plastic container weighing “just over” 10 kilograms. GEOLIFE® Foliage Fertilizer is described as a “liquid foliage fertilizer” containing, inter alia, the three fertilizing elements: nitrogen, phosphorus, and potassium and is packaged and sold in a one-liter plastic container weighing one kilogram.

You indicate in your letter that “the products will at some point in time be packed up for retail sale.” Accordingly, for purposes of this ruling letter, the respective tariff classifications cited herein for the subject products are predicated upon their not being “put up in sets for retail sale.” See Rule 3, General Rules of Interpretation, HTSUS.

The applicable subheading for GEOLIFE® Humificating Compound A, B, C and GEOLIFE® Foliage Fertilizer will be 3105.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg.” The rate of duty will be free.

The applicable subheading for GEOLIFE® Catalyst Fertilizer will be 3105.20.0000, HTSUS, which provides for “Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Mineral or chemical fertilizers containing the three fertilizing elements nitrogen, phosphorus and potassium.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by calling the EPA at (202) 554-1404, or by visiting their website at www.epa.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski

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