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NY K82033




January 6, 2004
CLA-2-30:RR:NC:2:238 K82033

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Ms. Michelle Pleta
ABX Logistics (USA) Inc.
6565 Eastland Road,
Brook Park, OH 44142

RE: The tariff classification of CompostXpress from China

Dear Ms. Pleta:

In your letter dated December 15, 2003, on behalf of your client, Premier Environmental Group, you requested a tariff classification ruling.

The subject product, CompostXpress, is a composting agent having the physical appearance of a fine, brownish powder. According to the submitted literature, it is composed of a mixture of viable bacteria and enzymes, and is used to accelerate the natural decomposition process for various types of organic matter, such as straws, stalks, weeds, leaves, urine, and manure.

The applicable subheading for CompostXpress will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; anti-sera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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