CLA-2-30:OT:RR:NC:2:238

Mr. Simon Neufeld
Earth Alive Clean Technologies Inc.
1001 Rue Lenoir, Suite B-338
Montreal, Quebec H4C 2Z6

RE: The tariff classification of Earth Alive Soil Activator from Canada

Dear Mr. Neufeld:

In your letter dated August 26, 2015, you requested a tariff classification ruling.

The subject product, Earth Alive Soil Activator, is a soil inoculant consisting of a blend of three strains of bacteria (Bacillus subtilis, Bacillus amyloliquefaciens and Pseudomonas monteilii) on a proprietary carrier. It also contains another ingredient to help maintain the pH level that is necessary for the viability of the bacteria. According to the marketing literature, Earth Alive Soil Activator will regenerate and reactivate depleted soils, increases nutrient uptake, improve soil water holding capacity and help plants develop a stronger and healthier root system. It is available in 4 kg pails, 25 kg pails and 500 kg bulk totes.

The applicable subheading for the Earth Alive Soil Activator, will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; … ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” 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 product may be subject to regulations of the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact them at U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236, Telephone number: 301-851-2046, Toll Free 866-524-5421, or E-mail: Evaluation and Permitting of Regulated Organisms & Soil at [email protected]

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 Judy Lee at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division