CLA-2-23:OT:RR:NC:2:231
Mr. Ruben Perez
RPM International, Inc.
1555 N. Central Ave. (Suite B)
Brownsville, TX 78521
RE: The tariff classification of a residue obtained from the processing of agave plants, from Mexico.
Dear Mr. Perez:
In your letters dated March 15 and March 25, 2011, you requested a tariff classification ruling on behalf of your client, Tascon Industries (Houston, Texas).
The merchandise in question is described as the dried, leftover fibers resulting from the pressing of the cores (hearts) of tequila agave plants (Agave tequilana, also known as blue agave). A sample submitted to this office is an amorphous mass of beige-colored fibrous vegetable material that appears to be mostly in the form of long, tangled strands. Your client contemplates using this residue as “hydro-seeding mulch,” or as a component thereof. Hydroseeding is a planting process in which a slurry containing seed, mulch, fertilizer and “tackifier” (bonding agent) is sprayed onto the ground.
Our research suggests that the subject residue is of a kind often known as “agave bagasse,” which is a byproduct obtained when the agave plant cores are processed to capture and utilize their naturally high sugar content. Agave syrup (“nectar”), for example, is a commercially produced sweetener made by expressing the sap from the plant cores, then filtering and heating the sap so that it becomes a thick liquid consisting primarily of fructose and glucose. Other important end products utilizing agave sap are tequila and other alcoholic beverages, for which the extracted sap must be fermented and distilled.
The applicable subheading for the above-described fibrous residue from the pressing of agave plants will be 2303.20.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: beet-pulp, bagasse and other waste of sugar manufacture…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 merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable requirements at the following location:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
This merchandise may also be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division