CLA-2-38:OT:RR:NC:N3:139

Shirley Moore
D.G. Group America, Ltd.
175 Country Club Drive, Suite 200 D&E
Stockbridge GA 30281

RE: The tariff classification of AquaGrowth Soil and AquaShrimp Powder from Japan

Dear Ms. Moore:

In your letter dated August 23, 2018, you requested a tariff classification ruling on behalf of your client, Hydor USA. This ruling request and the two samples were submitted to our laboratory for review. The samples will not be returned. We regret the delay.

The products are identified as AquaGrowth Soil and AquaShrimp Powder. Each product is composed of natural and sterilized soils intended for use in aquariums only and to be used as a soil for plants. The products differ in the size of the pellet-shaped soil which allow for different uses of the two products.

AquaGrowth Soil is a mineral soil specifically designed to facilitate the development of plants in freshwater aquariums. High temperature treatment (around 2192 degrees F) gives its physical properties and allow it to be free of parasitic species. AquaGrowth Soil is composed of the fowing inorganic compounds: Na2O (CAS 1313-59-3), MgO (CAS 1309-48-4), Al2O3 (CAS 1344-28-1), SiO2 (CAS 60676-86-0), P2O5 (CAS 1314-56-3), K2O (CAS 12136-45-7), CaO (CAS 1305-78-8), TiO2 (CAS 12188-41-9), Cr2O3 ( CAS) 1308-38-9, MnO (CAS 1344-43-0), Fe2O3 (CAS 1309-37-1), and ZrO2 (CAS 1314-23-4). Aquagrowth Powder also contains a mixture of organic compounds obtained by the loss-on-ignition CBP laboratory test. Each granule of AquaGrowth Soil is between 1mm and 3mm.

AquaShrimp Powder is a mineral soil specifically designed to facilitate the development of plants in freshwater aquariums. AquaShrimp powder is also designed to facilitate the spawning of shrimps. Specifically, AquaShrimp Powder will allow shrimps to lay juvenile shrimps and keep them at the surface of the substrate. High Temperature (around 2192 degrees F) gives its physical properties and allows it to be free of parasitic species. AquaShrimp Powder is composed of the fowing inorganic compounds: Na2O (CAS 1313-59-3), MgO (CAS 1309-48-4), Al2O3 (CAS 1344-28-1), SiO2 (CAS 60676-86-0), P2O5 (CAS 1314-56-3), K2O (CAS 12136-45-7), CaO (CAS 1305-78-8), TiO2 (CAS 12188-41-9), Cr2O3 ( CAS) 1308-38-9, MnO (CAS 1344-43-0), Fe2O3 (CAS 1309-37-1), and ZrO2 (CAS 1314-23-4). AquaShrimp Powder also contains a mixture of organic compounds obtained by the loss-on-ignition CBP laboratory test. Each granule of AquaShrimp Powder is between 0.6 mm and 1.2 mm.

The applicable subheading for AquaGrowth Soil will be 3824.99.9297, HTSUS, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5%.

The applicable subheading for AquaShrimp Powder will be 3824.99.9297, HTSUS, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5%.

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 the World Wide Web at https://hts.usitc.gov/current.

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 Patrick Day at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division