CLA-2-30:OT:RR:NC:N2:238
Mr. Laurence J. Lassoff
Kelley Drye & Warren LLP
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
RE: The tariff classification of HYTa, HYTb and HYTc from Mexico
Dear Mr. Lassoff:
In your letter dated February 1, 2011, you requested a tariff classification ruling on behalf of Agrinos Inc.
The first product, HYTa, is a specially designed liquid concentrate containing fourteen primary species of naturally occurring microbes, with Azotobacter vinelandii and Clostridium pasterurianum as the primary species. You state that when it is applied to the soil, it will create a complete and highly productive microbial ecosystem in the soil, restoring and enhancing the fertility of modern agricultural soils and soil-less substrates.
The second product, HYTb, is an organic, biologically extracted liquid amino acid solution which acts as a bio stimulant and a nutrition source consisting of free L-amino acids and trace minerals. You state that, by providing the plant with L-amino acids it normally produces for itself through energy intensive metabolic processes, it will liberate plant resources resulting in increased photosynthetic activity, improved rates of successful pollinating, and better fruit formation. HYTb is produced through a 100 percent organic fermentation process that does not utilize high temperatures or harsh industrial chemicals. You also state that your client will import HYTb packaged in containers weighing less than 10 kg.
The third product, HYTc, consists of an organic biologically extracted micronized chitin. You state in that it is a high grade natural polymer that is used by the plant to strengthen root formation and cells structures. It will also provide for a preventative, natural, non-toxic soil based fungus and nematode control and is safe for humans, plants and the environment. HYTc is extracted from the waste products of commercial shrimp industry through a 100 percent organic fermentation process.
In addition, your letter states that all of these products known as High Yield Technology (HYT) are used to increase agricultural yields while reducing dependence on chemical based pesticides and fungicides and agriculture related greenhouse gas emissions.
The applicable subheading for the HYTa will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; … , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The general rate of duty will be free.
The applicable subheading for the HYTb will be 3105.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, ..., other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg.” The rate of duty will be free.
The applicable subheading for the HYTc will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Natural polymers (…) and modified natural polymers (…), not elsewhere specified or included, in primary forms: Other: Polysaccharides and their derivatives.” The rate of duty will be 5.8% ad valorem.
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., 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.
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 HYTa and HYTb, contact National Import Specialist Harvey Kuperstein at (646) 733-3033. If you have any questions regarding HYTc, contact National Import Specialist Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division