CLA-2-31:OT:RR:NC:2:236
Ms. Antoinette McKnight
The American Companies
250 Moonachie Rd., 5th Fl
Moonachie, NJ 07074
RE: The tariff classification of liquid fertilizers, “Alg A Mic” and “Top Max” from the Netherlands
Dear Ms. McKnight:
In your ruling request dated April 26, 2012, on behalf of Biobiz NA LLC, you requested a tariff classification ruling on two liquid fertilizers, marketed as “Alg A Mic” and “Top Max.” You have submitted a 30ml sample of each product in a generic plastic container, which will be returned as requested.
In your submission, you indicate that both products contain the fertilizing elements, nitrogen and potash. Your submitted depictions of the packaging labels indicate that the products at issue will be packaged in containers ranging from 250ml to 10L.
The applicable subheading for both liquid fertilizers “Alg A Mic” and “Top Max,” in packages of a gross weight not exceeding 10 kg will be 3105.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg. The general rate of duty will be free.
The applicable subheading for both liquid fertilizers “Alg A Mic” and “Top Max,” in packages of a gross weight exceeding 10 kg will be 3101.00.0000, (HTSUS), 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 general rate of duty will be free.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Nuccio Fera at (646) 733-3034.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division