CLA-2-39:RR:NC:FC:237 D83349
TARIFF NO: 3913.90.2050
Mr. David N. Reed
Great Lakes Customs Brokerage
85 River Rock Drive, Suite 202
Buffalo, New York 14207
RE: The classification of YEA!TM plant growth regulator
from Canada,
Dear Mr. Reed:
In your letter dated October 14, 1998 you requested a
tariff classification ruling on behalf of Marine Extract, Ltd.,
of New Brunswick, Canada.
YEA!TM plant growth regulator is a clear, pale yellow,
viscous liquid solution of chitosan (2.5%) in acetic acid (1%)
and water. The chitosan is an all natural polymer extracted from
crab and lobster shell. Based on Customs Laboratory Report 2-1999-20240, the product is a natural polymer of a polysaccharide
derivative (chitosan), in primary form. The product will be
imported in 5 gallon carboys and used as a yield enhancing agent
for spraying the leaves of vegetable crops.
The applicable subheading for YEA!TM plant growth regulator
imported in 5 gallon carboys will be 3913.90.2050, 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: other. The rate of duty is 5.8 percent
ad valorem.
This merchandise may be subject to the requirements of the
Toxic Substances Control Act (TSCA) which is administered by the
U.S. Environmental Protection Agency. You may contact the Agency
at 402 M Street, S.W., Washington, D.C. 20460, telephone number
(202) 554-1404, or EPA Region II at (908) 321-6669.
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 F. Cantone at 212-466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division