CLA-2-38:OT:RR:NC:N2:235
Ms. Maurine Cecil
Western Overseas Corporation
10731 Walker Street
Cypress, CA 90630
RE: The tariff classification of Amino Acid Fermentation Spent Media from Japan
Dear Ms. Cecil:
In your letter dated March 26, 2013, on behalf of your client Ajinomoto North America Inc., you requested a tariff classification ruling.
The subject product Amino Acid Fermentation Spent Media is a sterilized and deactivated media remaining from fermentative production of an amino acid containing residual enzymes, sugars, proteins and minerals. The product contains amino acid, protein, salt and water. The raw materials are sterilized, fermented, crystallized, separated and re-sterilized. According to your letter, the product is intended for use as a plant nutrient source and exclusively for agronomic research purposes.
The applicable subheading for the Amino Acid Fermentation Spent Media will be 3808.93.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Herbicides, anti-sprouting products and plant-growth regulators: Other: Containing an inorganic substance." The rate of duty will be 5% ad valorem.
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 the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov.
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 (646) 733-3046.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division