CLA-2-30:OT:RR:NC:N2:238
Mr. Paul Fabian
Bionatural America Institute
104 W Main Street, Suite 212
Royal Oak, MI 48067
RE: The tariff classification of home septic tank treatment powder, from Thailand
Dear Mr. Fabian:
In your letter dated November 28, 2009, you requested a tariff classification ruling.
The subject product, home septic tank treatment powder, consists of a group of beneficial micro organisms, specifically three bacteria, and two yeasts. The three bacteria are: Pediococcus Acidilaciti, Pediococcus Pentosaceus and Bacillus Amyloliquefaciens. Pediococcus Acidilaciti and Pediococcus Pentosaceus are both lactic acid bacteria that inhibit the growth of gram negative and gram positive bacteria such as E. coli, Salmonella and Clostridium botulinum, respectively. Bacillus Amyloliquefaciens produces Iturins (antifungal agent) to inhibit growth of fungi, such as Aspergilus, Fusarium and Candida, etc. It also produces enzymes such as lipase, amylase and protease, etc. Pichia farinosa is a yeast that produces a toxin killer that inhibits the growth and neutralizes toxins such as aflatoxins, mycotoxins and endotoxtins. Dekkera anomala, also known as spoilage beer yeast, ferments carbohydrate, starch and sugar into acetic acid without alcohol and produces enzymes.
You also describe this process as “septiczymes,” which is a cocktail of beneficial enzymes, super catalyzing enzymes and co-factors that digest fats, proteins, carbohydrates and cellulose to help keep the septic system operating at full efficiency. You further state that the microorganisms work effectively to eliminate unpleasant odor, reduce and inhibit harmful bacteria, digest organic matters and detoxify. The product is chemical-free and is truly natural. It will be imported in powder form packaged in 5 kg aluminum bags.
The applicable subheading for the home septic treatment powder imported in 5 kg aluminum bags will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other; Other: Other.” The rate of duty will be free. Pursuant to General Note 13, HTSUS, 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 also be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm.
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 Harvey Kuperstein at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division