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NY M86630





September 22, 2006

CLA-2-30:RR:NC:2:238 M86630

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Mr. Paul Manley
David Austin Roses Limited
Bowling Green Lane
Wolverhampton WV7 3HB
The United Kingdom

RE: The tariff classification of Rootgrow from the United Kingdom

Dear Mr. Manley:

In your letter dated September 13, 2006, you requested a tariff classification ruling. A sealed, foil packet (“sachet”) containing 60 grams of Rootgrow was submitted with your inquiry.

The subject product, Rootgrow, consists of the spores of five species of mycorrhizal fungi, belonging to the genus Glomus, in an inert carrier mix, with small additions of natural fertilizer components. Wording printed on the rear surface of the packet indicates that the spores, upon germinating, will attach themselves to the plant’s root system and grow out into the surrounding soil, and that “[W]ithin 2-3 weeks the mycorrhizal fungi will effectively add a very large, second root system to the plant that will supply extra water and nutrients.”

The applicable subheading for Rootgrow will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which, among other things, provides for “, cultures of microorganisms (excluding yeasts) and similar products: Other: Other: Other.” 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 product may be subject to the rules and regulations of the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture. The mailing address is: U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737. You can also access their website at www.aphis.usda.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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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