CLA-2-38:OT:RR:NC:N3:140
Ms. Catherine L. Spencer
Freight Expeditors
6920 Engle Rd. Suite II
Middleburg Heights, Ohio 44130
RE: The tariff classification of Humistar S and OrgaNIKA Bio from Macedonia
Dear Ms. Spencer:
In your letter dated July 15, 2020, you requested a tariff classification ruling on behalf of your client, A G Mac Imports. The two products for which you requested a ruling on are as follows:
Item Description 1
The first product is Humistar S. It is obtained by extraction of vermicompost, and is a liquid biostimulator and soil amendment, for organic agricultural production. You indicate that the Humistar S contains a wide range of natural and environmentally safe, nutrient biogenic elements and compounds. You indicate that its purpose is to stimulate growth and development of the plants.
Item Description 2
The second product is OrgaNIKA Bio. It is indicated to be a liquid concentrate biostimulator and amendment for soil. OrgaNIKA Bio is obtained by the method of hydrodynamic molecular chopping of manure and natural zeolite. You indicate that the combination of these raw materials provides an environmentally safe and nutritional product.
You suggest classification of the instant products as fertilizers of Chapter 31 of the Tariff. We disagree. The subject products are not fertilizers of Ch. 31, they are soil enhancers, which contain very small amounts of fertilizing elements. The ENs to Ch. 31 state "This Chapter also excludes micronutrient preparations which are applied to seeds, to foliage or to soil to assist in seed germination and plant growth. They may contain small amounts of the fertilising elements nitrogen, phosphorus and potassium, but not as essential constituents (e.g., heading 38.24)."
The applicable subheading for the Humistar S, and the OrgaNIKA Bio will be 3824.99.9297, Harmonized Tariff Schedule of the United States (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.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division