CLA-2-31:S:N:N7:236 883880

Mr. Stephen G. Pheiffer
President
Environmental Supplies, LTD.
1048 Elliott Avenue
Petersburg, VA 23805

RE: The tariff classification of Fertilizer from the Republic of South Africa.

Dear Mr. Pheiffer:

In your letter dated March 8, 1993 you requested a tariff classification ruling.

The prospective imports are as follows:

1) Liquid Plant Food/Fertilizer consists of harvested and processed kelp and mono ammonium phosphate (MAP). It will be imported in 25 kg. packs.

Chemical Analysis Nitrogen (N) - 0.30 % Phosphate (P) - 1.56 % Potash (K) - 0.70 %

The applicable subheading for the Liquid Plant Food/Fertilizer will be 3105.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other fertilizers. The duty rate will be free.

2) The Concentrated Fish Emulsion Fertilizer is manufactured by subjecting fresh marine fish to steam sterilization and water extraction. The resulting fish emulsion concentrate is packed in sealed, tamper-proof 25 liter containers. Chemical Analysis Nitrogen (N) - 5.00 % Phosphate (P) - 0.90 % Potash (P) - 2.20 % micro-nutrients.

The applicable subheading for the Fish Emulsion Fertilizer will be 3101.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animals or vegetable products. The duty rate will be free.

3) The Organic Kelp Fertilizer is a granular plant food/fertilizer manufactured from harvested, washed, dried, and processed kelp, packed in containers of 25 kgs.

Chemical Analysis Nitrogen (N) - 1.2% Phosphate(P) - 0.3% Potash (P) - 13.0% micro-nutrients

The applicable subheading for the Organic Kelp Fertilizer will be 3101.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products. The duty rate will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport