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NY 861979

Apr 16 1991

CLA-2-31:S:N:N1:236 861979


TARIFF NO.: 3101.00.0000

Mr. Stephen G. Pheiffer
Vice President Technical Marketing
Arbor Grove Inc.
18 Passaic Avenue
Fairfield, NJ 07004

RE: The tariff classification of an Organic Kelp Fertilizer from South Africa.

Dear Mr. Pheiffer:

In your letter dated March 22, 1991, you requested a tariff classification ruling.

The prospective import, an Organic Kelp Fertilizer is a granular plant food/fertilizer, manufactured from harvested, washed, dried, and processed kelp, packed in containers larger that 10 kilograms.

Its macro-elements are Nitrogen (1.2%), Phosphate (0.3%) and Potash (13.0%). This fertilizer also contains Micro-elements consisting of iron, manganese and calcium. The product's principal use in the U.S.A. will be as a plant food.

The applicable subheading for the Organic Kelp Fertilizer will be 3101.00.0000, Harmonized Tariff Schedule of the United States (HTS), 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. It will be free of duty.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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