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NY M84030




June 20, 2006

CLA-2-31:RR:NC:2:236 M84030

CATEGORY: CLASSIFICATION

TARIFF NO.: 3105.10.0000; 9813.00.30

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

RE: The tariff classification of GEOLIFE® for Grains, Herbs & Rice; GEOLIFE® for Trees, Berries, Coffee & Spices; GEOLIFE® for Flowers & Nurseries; GEOLIFE® for Lawns; and GEOLIFE® for Pastures, from Switzerland

Dear Mr. Springer:

In your letter dated May 31, 2006, you requested a tariff classification ruling.

The five products named above each consist of three parts, namely: GEOLIFE® Soil Conditioner A, B, C; GEOLIFE® Catalyst Fertilizer; and GEOLIFE® Foliage Fertilizer. GEOLIFE® Soil Conditioner 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. that are mixed together, prior to application, to make (what you originally referred to in a previously submitted ruling request See NY M82835 dated May 8, 2006. as) a “soil amendment/fertilizer.” The three components are packaged in a box weighing 2 kilograms. 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 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 subject products will be imported put up packaged for retail sale, and also imported put up in promotional, “pro bono,” sample sizes, solely for testing purposes (presumably, by perspective customers).

The applicable subheading for GEOLIFE® Soil Conditioner A, B, C, GEOLIFE® Foliage Fertilizer and GEOLIFE® Catalyst Fertilizer, imported put up packaged for retail sale, 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 heading for GEOLIFE® Soil Conditioner A, B, C, GEOLIFE® Foliage Fertilizer and GEOLIFE® Catalyst Fertilizer, when imported put up in promotional, “pro bono,” sample sizes solely for testing purposes (presumably, by perspective customers), will be 9813.00.30, HTSUS, which provides for “Articles intended solely for testing, experimental or review puposes, including specifications, photographs and similar articles for use in connection with experiments or for study.” The rate of duty will be “Free, under bond, as prescribed U.S. note 1 to this subchapter” (i.e., Section XXII, Chapter 98, subchapter XIII, HTSUS).

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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