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

Laurence J. Lasoff
John M. Herrmann
Kelley Drye & Warren LLP
Washington Harbour - Suite 400
3050 K Street NW
Washington, D.C. 20007-5108

RE: Tariff classification of HYTd biopolymer (glucosamine and chitosan) from Mexico.

Dear Mr. Lasoff and Mr. Herrmann:

In your letter dated February 7, 2014, on behalf of Agrinos Inc., you requested a tariff classification ruling. You provided the following description of your product:

HYTd is a natural base biopolymer compound in liquid solution that contains free amino acids, derivatives of chitin (glucosamine and chitosan), with soluble minerals derived from the exoskeletons of shrimp. This high grade polymer is used by the plant to strengthen root formation and cell structures. In addition, HYTd provides preventive, natural, non-toxic soil based fungus and nematode control, and is safe for humans, plants and the environment. HYTd is extracted from the waste products of the commercial shrimp industry through a 100 percent organic fermentation process. The production process does not utilize high temperatures or harsh industrial chemicals, allowing for high bio-availability and low molecular weight, and enhancing product effectiveness. This process allows HYTd to be produced from a commercial waste product in an environmentally sensitive and energy-efficient manner.

The applicable subheading for HYTd biopolymer derivative of chitin (glucosamine and chitosan) will be 3913.90.2090, Harmonized Tariff Schedule of the United State, which provides for: Polysaccharides and their derivatives: Other. The rate of duty will be 5.8% ad valorem.

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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.

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,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division