The tariff classification of AfriKelp® liquid LG-1 from South Africa

N157756 May 13, 2011 CLA-2-13:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 1302.19.9140 Ms. Kathleen A. Howden Barinco Intl Corp 5777 West Century Blvd, Suite 990 Los Angeles, CA 90045 RE: The tariff classification of AfriKelp® liquid LG-1 from South Africa Dear Ms. Howden: In your letter dated February 10, 2011 you requested a tariff classification ruling on behalf of Ecocatalysts Pty Ltd. The subject product, AfriKelp® liquid LG-1 is a “biostimulant cocktail” used to stimulate plant growth. Based on CBP laboratory analysis it was determined to have been obtained through a simple physical extraction process followed by filtration. Batches are blended and adjusted to a standard strength via the addition of water. You indicated in your request letter that you believe the instant product should be classified as a fertilizer. We disagree based on our laboratory’s analysis. The applicable subheading for the AfriKelp® Liquid LG-1 will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable saps and extracts: 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 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