The tariff classification of “Bio Grow,” “Bio Bloom,” “Bio Heaven,” “Fish Mix,” and “Root Juice” from the Netherlands

N217119 June 8, 2012 CLA-2-31:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3101.00.0000; 3105.10.0000 Ms. Antoinette McKnight The American Companies 250 Moonachie Rd., 5th Fl Moonachie, NJ 07074 RE: The tariff classification of “Bio Grow,” “Bio Bloom,” “Bio Heaven,” “Fish Mix,” and “Root Juice” from the Netherlands Dear Ms. McKnight: In your ruling request dated April 26, 2012, on behalf of Biobiz NA LLC, you requested a tariff classification ruling on five products, marketed as “Bio Grow,” “Bio Bloom,” “Bio Heaven,” “Fish Mix,” and “Root Juice.” You have submitted a small liquid sample of each product in a generic plastic container, which will be returned as requested. In your submission, you indicate that “Bio Grow,” “Bio Bloom,” and “Fish Mix,” contain the fertilizing elements, nitrogen and potash; “Bio Heaven” contains the fertilizing elements nitrogen, phosphate, and potash. Your submitted depictions of the packaging labels indicate that the products at issue will be packaged in containers ranging from 250ml to 10L. The applicable subheading for “Bio Grow,” “Bio Bloom,” “Bio Heaven,” and “Fish Mix,” in packages of a gross weight not exceeding 10 kg 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 general rate of duty will be free. The applicable subheading for “Bio Grow,” “Bio Bloom,” “Bio Heaven,” and “Fish Mix,” in packages of a gross weight exceeding 10 kg will be 3101.00.0000, (HTSUS), which provides for Animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products. The general rate of duty will be free. 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 Nuccio Fera at (646) 733-3034. The product “Root Juice” is excluded from the fertilizer provisions within Chapter 31, (HTSUS). “Root Juice” is not used as a fertilizer; it is marketed as a root enhancer and only contains a small amount of the fertilizing elements nitrogen and potash, but not as essential constituents. Your inquiry does not provide enough information for us to provide a classification ruling on “Root Juice.” We need additional information in order to issue a ruling. Please submit the following: 1. A complete ingredient breakdown by percentage, totaling 100 percent. 2. A detailed description of the product’s uses and manufacturing process, with flowchart. If you decide to resubmit a ruling request for this item, please mail all materials to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Section. Sincerely, Thomas J. Russo Director National Commodity Specialist Division