The tariff classification of Sporzyme® BCC on Salt, BI-CHEM® DC 1008CB, BI-CHEM® DC 1005, Novo MAC 20X NF, and Novo MAC 7B Concentrate, from China or France

N125876 October 22, 2010 CLA-2-30: OT: RR: NC: 2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Mr. John Conde Novozymes Biologicals, Inc. 5400 Corporate Circle Salem, VA 24153 RE: The tariff classification of Sporzyme® BCC on Salt, BI-CHEM® DC 1008CB, BI-CHEM® DC 1005, Novo MAC 20X NF, and Novo MAC 7B Concentrate, from China or France Dear Mr. Conde: In your letter dated October 1, 2010, you requested a tariff classification ruling. Sporzyme® BCC on Salt is a proprietary blend of bacterial cultures on a salt carrier designed to degrade organic wastes and eliminate their associated odors. It is capable of breaking down proteins, carbohydrates, cellulose and fats in animal waste pits, lagoons and storage tanks, septic tanks and leach beds, grease traps and drain lines, aquaculture confinement, and ornamental pools and fountains. BI-CHEM DC 1008CB is a proprietary blend of bacterial cultures on a bran carrier. It is recommended for improved biodegradation of wastewaters from a broad range of industries when a rapid response to undefined upsets is needed. Applications include petroleum and natural gas refining and petro-chemical manufacturing, steel making and coking operations, specialty chemical manufacturing, and textile mills and chemical plants. The microbial blend incorporates strains capable of degrading fatty acids, surfactants, hydrocarbons, phenolic compounds, ketones, and recalcitrant organics.  BI-CHEM DC 1005 is also a proprietary blend of bacterial cultures on a bran carrier. The bacteria are selectively adapted to reduce the variability of effluent quality of wastewaters from pulp and paper processes. Novo MAC 20X NF and Novo MAC 7B Concentrate are both concentrates based on a microbial consortium, the proprietary microbial blend BioS™, which exhibits a broad range of degradation capabilities needed for multiple applications such as the maintenance of drain lines and grease traps, improvement of septic and waste degradation, and cleaning and odor control. Both products may be blended with other components such as surfactants, colors, fragrances, etc. for use in a final formulation. The applicable subheading for Sporzyme® BCC on Salt, BI-CHEM DC 1008CB, BI-CHEM DC 1005, Novo MAC 20X NF and Novo MAC 7B will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antis era and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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 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