CLA-2-34:OT:RR:NC:2:236

Mr. Paul W. Essex
On-Time Supply and Logistics
401 N Carroll Avenue, Suite 132
Southlake, TX 76092

RE: The tariff classification of “BioMax-BMI Organic Fertilizer Supplement” from Singapore

Dear Mr. Essex:

In your ruling request dated May 24, 2013, you requested a tariff classification ruling on behalf of your client, GeoMax Technologies, LLC.

Your letter indicates that the product at issue is an animal and vegetable based fertilizer, composed of fish meal, brown sugar, lentils, soya flour, agar, broth, saw dust, and charcoal. The product will be shipped in five-kilogram heavy plastic bags. You have stated that this product will be mixed with locally obtained bio materials, such as compost, to produce safe soil supplements. The applicable subheading for the “BioMax-BMI Organic Fertilizer Supplement” 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, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg. The general rate of duty will be free.

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.

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 Nuccio Fera at (646) 733-3034.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division