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NY 869985

January 6, 1992

CLA-2-30:S:N:N1-F:238 869985


TARIFF NO.: 3002.90.5050

Mr. Nicholas A. Romeo
Aquabiotics Corp.
P.O. Box 10576
Bainbridge Isl, WA 98110

RE: The tariff classification of a dried fermentation cake, composed of streptomycetes bacteria, dried solids of the fermentation media (in which the streptomycetes bacteria was grown), and less than 1% of crude Antimycin A (the active ingredient), from Canada.

Dear Mr. Romeo:

In your letter dated October 22, 1991, resubmitted on December 16, 1991, you requested a tariff classification ruling.

The product in question consists of a dried fermentation cake composed of growth media that contains streptomycetes bacteria and less than 1% of crude Antimycin A. You state that the principal use for this product will be to serve as the raw material from which the crude Antimycin A contained therein is extracted. The crude Antimycin A, in turn, serves as the raw material for the production of Antimycin A, which is the active ingredient of a fish pesticide.

The applicable subheading for the dried fermentation cake will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for (among other things) cultures of micro-organisms (excluding yeasts) and similar products. The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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

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