CLA-2-31:S:N:N7:236 896836

Mr. Reginald Williams
A.N.Deringer, Inc.
Interstate 95
Houlton, ME 04730

RE: The tariff classification of Organic Compost Material from Canada.

Dear Mr. Williams:

In your letter dated April 12, 1994, you requested a tariff classification ruling.

The prospective import, Organic Compost Material, is recycle waste wood bark from the Corner Brook pulp and paper mill, fish offal and chicken manure. The composting process uses the natural heat of decomposition and a system of strategically placed to produce an organic compost material that is black, odourless and rich in humus. The compost is used as a powerful soil enhancer in parts of the world where the natural soil is thin, sandy and lacking in the organic material essential for water retention and crop rooting.

The applicable subheading for the Organic Compost Material will be 3105.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight exceeding 10 kg:... Other:... Other. The rate of duty will be Free.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport