CLA-2-30:OT:RR:E:NC:N2:N238

Mr. John Conde
Novozymes Biologicals
5400 Corporate Circle
Salem, VA 24153

RE: The tariff classification of BioRemove™ 2500, Toler-X™ 5100, BioRemove™ 3200, BioRemove™ 5400 and BG Max™ 3000 from China and France

Dear Mr. Conde:

In your letter dated November 11, 2011, you requested a tariff classification ruling.

BioRemove™ 2500 consists of a proprietary blend of bacterial cultures on a bran carrier and sand in powder form. Per your website, BioRemove™ 2500 is an effective biological solution for enhancing biodegradation of phenols and improving plant stability in refining and petrochemical wastewater systems.

Toler-X™ 5100 consists of a proprietary blend of bacterial cultures on a bran carrier and sand in powder form. Per your website, Toler-X™ 5100 improves the effluent quality and plant stability through enhanced COD biodegradation in cold environments. The bacterial strains in Toler-X™ 5100 contains a blend of psychrophilic (“cold-loving”) microorganisms that have a wide range of organic biodegradation abilities and can be used at a wide range of industrial facilities.

BioRemove™ 3200 consists of a proprietary blend of bacterial cultures on a bran carrier and sand in powder form. Per your website, BioRemove™ 3200 is used for biodegradation of fats, oils, and grease (FOG) for Food and Beverage Wastewater Treatment.

BioRemove™ 5400 consists of a proprietary blend of bacterial cultures on a bran carrier and sand in powder form. Per your website, BioRemove™ 5400 is used for surfactant biodegradation in industrial wastewater systems. Your website claims the microorganisms in BioRemove ™5400 can degrade a variety of anionic and nonionic surfactants, including nonylphenol ethoxylates and alcohol ethoxylates.

BG Max™ 3000 consists of a proprietary blend of bacterial cultures on a bran carrier and enzymes. Per your website, BG Max™ 3000 is designed to maximize the performance of a variety of anaerobic treatment units from Up-flow Anaerobic Sludge Blankets (UASBs) to covered lagoons. It maximizes biogas potential and improves COD reduction in anaerobic pretreatment systems of the food and beverage industry.

The applicable subheading for the BioRemove™ 2500, Toler-X™ 5100, BioRemove™ 3200, BioRemove™ 5400 and BG Max™ 3000 will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 the National Import Specialist Judy Lee at (646) 733-3033.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division