CLA-2-30:OT:RR:NC:N3:138
Mr. Mark Pinchok
Bayer International Trade Services Corporation
651 Colliers Way, Suite 414
Weirton, WV 26062
RE: The tariff classification of Soil Inoculants from Canada
Dear Mr. Pinchok:
In your letter dated May 2, 2019, on behalf of your affiliate, Monsanto Company, you requested a tariff classification ruling.
The first product, Acceleron® B-300 SAT (“B-300”), is based on Penicillium bilaiae spores, as the active ingredient. B-300 is a biological seed applied technology. The active ingredient in B-300 is Penicillium bilaiae spores, a naturally occurring soil fungus, which releases nutrients such as phosphate that are bound in the soil. B-300 improves phosphate availability, which can lead to enhanced early vigor, bolstered root and shoot development and increased yield potential. It will be imported packed for retail sale in a liquid formulation.
The second product, Acceleron® B-360 ST (“B-360”), is based on Lipo-chitooligosaccharide (“LCO”), as the active ingredient. B-360 is used as a seed treatment that features Lipo-chitooligosaccharide (LCO) technology. The LCO in this product stimulates germination of mycorrhizal spores and promotes mycorrhizal symbioses in the root zone. It will be imported packed for retail sale in a liquid formulation.
The third product, TagTeam® LCO (“TagTeam LCO”), contains Bradyrhizobium japonicum, Penicillium bilaiae, and LCO, as the active ingredients. TagTeam LCO combines three active ingredients, a specially selected bacterium Rhizobium inoculant for increased nitrogen fixation with the phosphate solubilizing Pencillium bilaiae fungi and LCO technology. The benefits of using TagTeam LCO include increased nitrogen fixation and uptake, improved phosphate availability, enhanced nutrient availability, which supports root and shoot growth and a higher yield potential. In a follow-up email to this office, you stated that Tag Team LCO will be imported packed for retail sale in both a liquid form and in a granular form. In the granular form, all three active ingredients are included in the granule. The liquid form is sold as a three-component retail package, which includes the Bradyrhizobium japonicum in liquid formulation, the LCO in a separate liquid formulation and the Penicillium bilaiae as a bottle of wettable powder.
The applicable subheading for the Acceleron B-300 SAT and the TagTeam LCO 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.
The applicable subheading for the Acceleron B-360 ST 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 percent 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 the World Wide Web at https://hts.usitc.gov/current.
Acceleron B-300 SAT and the TagTeam LCO 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 merchandise may also 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.
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,
Steven A. Mack
Director
National Commodity Specialist Division