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NY K85946




May 17, 2004

CLA-2-27:RR:NC:SP:237 K85946

CATEGORY: CLASSIFICATION

TARIFF NO.: 2703.00.0000

Mr. Wilf Shellop
Dog Waste Recycle Ltd.
#6-20701 Langley Bypass
Langley B.C.
Canada V3A5E8

RE: The tariff classification of Pet Poo Recycle peat based composting kit from Canada.

Dear Mr. Shellop:

In your letter dated May 6, 2004 you requested a tariff classification ruling.

The Dog Waste Recycle peat based composting kit consists of an organic peat based blend, a potassium based fertilizing enhancer and a plastic composting container designed to convert dog and cat waste into an odor and disease free compost for gardens, trees, shrubs and planter boxes. The peat blend imparts the essential character of the kit.

The applicable subheading for the Dog Waste Recycle peat based composting kit will be 2703.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for peat. The rate of duty is free.

The importation of this product may be subject to regulations administered by the U. S. Department of Agriculture (APHIS). You may contact them at 4700 River Road, Riverdale, Maryland 20737, telephone number (301) 734-8645 or (301) 734-8896.

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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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