L83369 L8 Ruling Active

The tariff classification of E-2001®

Issued March 30, 2005 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3002.90.5150

Headings: 3002

Product description

The subject product, E-2001®, is a concentrated preparation, in liquid form, containing Azotobacter vinelandii and Clostridium pasteurianum as the active ingredients. These microorganisms have the ability to fix nitrogen (the biological process by which atmospheric nitrogen is converted to ammonia), in soil, which enables plants to synthesize the various products, e.g., proteins, required for their existence. The product is described in your letter as an “organic soil amendment,” and in the Analysis Certificate as “[A] highly concentrated liquid organic compost” containing Azotobacter vinelandii and Clostridium pasteurianum. You indicate in your letter that E-2001® is intended for use as a “soil conditioner.”

CBP rationale

The applicable subheading for E-2001® will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “ … vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.

Full text

NY L83369 March 30, 2005 CLA-2-30:RR:NC:2:238 L83369 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Ms. Ginger Campbell Agricultural Research Technologies International, Inc. 400 South Center Bonham, TX 75418 RE: The tariff classification of E-2001® Dear Ms. Campbell: In your letter dated March 17, 2005, you requested a tariff classification ruling. The subject product, E-2001®, is a concentrated preparation, in liquid form, containing Azotobacter vinelandii and Clostridium pasteurianum as the active ingredients. These microorganisms have the ability to fix nitrogen (the biological process by which atmospheric nitrogen is converted to ammonia), in soil, which enables plants to synthesize the various products, e.g., proteins, required for their existence. The product is described in your letter as an “organic soil amendment,” and in the Analysis Certificate as “[A] highly concentrated liquid organic compost” containing Azotobacter vinelandii and Clostridium pasteurianum. You indicate in your letter that E-2001® is intended for use as a “soil conditioner.” The applicable subheading for E-2001® will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “ … vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free. This product may be subject to the rules and regulations of the U.S. Dept of Agriculture. You may contact them at 1400 Independence Avenue, SW, Washington, DC 20250. Alternatively, you may contact their Bonham Service Center, located at 200 E. 1st Street, Bonham, TX, 75418-4401, telephone number (908) 583-9513. 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 Director, National Commodity Specialist Division

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