CLA-2-39:OT:RR:NC:N2:237

Mr. James W. Brown
Danzas AEI Drawback Services
22210 Highland Knolls Drive
Katy, TX 77450

RE: The tariff classification of sodium humate powder and granules from China.

Dear Mr. Brown:

In your letter dated January 8, 2009, on behalf of DL Trading, you requested a tariff classification ruling. You provided background and analytical material from Gofar Agro Specialties (Beijing).

Sodium humate is described as a high polymer heterogeneous aromatic hydroxy carboxylic acid salt in black powder or granular form consisting of humic acid (70% minimum), moisture (15% maximum) and ash (15% maximum). The agricultural grade is used as a humic acid fertilizer, a soil ameliorator, a plant growth stimulant, a fertilizer efficiency promoter, in the manufacture of nitro humic acid and in other humic salt products. The technical grade is used as a crude oil drilling mud stabilizer, a cement and porcelain additive, a waste water treatment agent and a filler for negative accumulator. The product is packaged in 50kg net plastic bags with PVC lining.

The applicable subheading for sodium humate will be 3913.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: Other: Other. The rate of duty will be 6.5% ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204- 554-1404.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division