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NY F84744




July 13, 2000

CLA-2-30:RR:NC:2:238 F84744

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Mr. J.E. Teske
Customs and Exports Inc.
10 Buckingham Drive, Suite A
Charleston, SC 29407

RE: The tariff classification of Bio Treatment Compound from Belgium and Italy

Dear Mr. Teske:

In your undated letter, received on March 23, 2000, on behalf of your client, AquaBioTronic.com LLC, you requested a tariff classification ruling. We regret the delay in responding

According to the descriptive literature accompanying your request, the subject product, referred to as Bio Treatment Compound, consists of a mixture of certain species of bacteria and fungi, combined with certain naturally occurring inorganic mineral materials (generally in granular form). The product is indicated for use in wastewater, sludge, and sewage treatment plants to biodegrade high-priority targeted pollutants on contact

The mixture is created by inserting the microorganisms, through a proprietary process termed “biofixation,” into and onto the inorganic mineral materials. This process is stated to accelerate the biodegradation process carried out by the microorganisms by taking advantage of the life support and protective properties afforded by the mineral materials to the microorganisms. The mineral materials also accelerate the biodegradation function of the microorganisms by their ability to adsorb targeted pollutants onto their surface.

The applicable subheading for the subject product will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for "Human blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The rate of duty will be free. This product may be subject to the requirements of the U.S. Environmental Protection Agency (EPA). You may contact them at 401 M Street, Washington, DC 20460-2090, telephone number 202-260-2090. You may also contact the EPA regional office in Atlanta, GA, telephone number 800-241-1754.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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