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NY 888266

July 28, 1993

CLA-2-38:S:N:N7:235 888266


TARIFF NO.: 3823.90.5050

Mr. Tom Christen
Suunyside Enterprises Inc.
301 Nesbitt Avenue
Punta Gorda, Fl 33950

RE: The tariff classification of Terracottem from Belgium.

Dear Mr. Christen:

In your letter dated 7/12/93, you requested a tariff classification ruling.

According to your request, Terracottem contains 39.5% potassium propenate copolymers (plastic material), trace metal elements, growth stimulators and 49.45% silicium. It's fertilizer fraction is limited to 10.5%. It has been designed to improve the capability of soils to retain water and nutrients. In our opinion it is not a fertilizer.

The applicable subheading for the product described above will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for chemical mixtures not elsewhere indicated. The rate of duty will be 5 percent ad valorem.

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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