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NY 882580

May 10, 1993

CLA-2-31:S:N:N7:236 882580


TARIFF NO.: 3105.90.5000

Mr. Robert A. Kay
Vice President of Research and Development EarthNet
424 Payran Street Suite D
Petaluma, CA 94952

RE: The tariff classification of Neo-Min Rock Minerals and L.O.B.S.A. Soil Activator from Australia.

Dear Mr. Kay:

In your letter dated January 20, 1993, you requested a tariff classification ruling.

The prospective import, L.O.B.S.A. Soil Activator, consists of the following ingredients:

Nitrogen 15.2%
Phosphorus 2.0%
Potassium 4.0%
Ferment Extract 61.0%
Metal Trace Element

The base for L.O.B.S.A. is prepared as a ferment extract of vegetable and mineral origin, and EDTA chelate added. The vegetable source is derived from acacia based plants. The trace minerals and other elements combined with the ferments base form an ideal fertilizer and food for soil bacteria to proliferate.

The applicable subheading for the L.O.B.S. Soil Activator will be 3105.90.5000 , Harmonized Tariff Schedule of the United States (HTS), which provides for other fertilizers. The duty rate will be Free.

Your inquiry does not provide enough information for us to give a classification ruling on Neo-Min Rock Minerals. Your request for a classification ruling should include the followings:

1. Is potassium deliverable?
2. What is total percent composition? (You indicate only 16% material.) 3. Is it used as is, or is it to be blended? 4. Also, what form are the ingredient in - oxides, silicates,etc.

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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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