HQ 952522: Classification of an Organic Fertilizer, "Plant Power 2003"

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           HQ 952522 

                        January 14, 1993


CLA-2-CO:R:C:F 952522 K

CATEGORY: Classification

TARIFF NO.: 3101.00.0000; 3105.10.0000

Mr. J. Chris Fairbairn
433-CL Olomana St.
Kailua, Hawaii 96734

RE: Classification of an Organic Fertilizer, "Plant Power 2003"

Dear Sir:

     The following is in response to your request of September 2,
1992, for a tariff classification ruling for a product called
"Plant Power 2003", an organic fertilizer.  Specifications and a
brochure were submitted with your letter 

FACTS:

     "Plant Power 2003" is a concentrated liquid organic fertilizer
manufactured by using ultra filtered plant extract taken from fresh
harvested plants.  The product consists of micro-nutrients with
undermined presence of trace amounts of minerals, including
potassium and phosphorous.  The product is diluted with water and
is used as an all-purpose plant food.        

ISSUE:

     The issue concerns the tariff classification of an organic
fertilizer, "Plant Power 2003".

LAW AND ANALYSIS:

     Chapter 31, Harmonized Tariff Schedule of the United States
(HTSUS), covers the tariff classification of most products in
general use as natural or artificial fertilizers and the product
described falls within this Chapter.

HOLDINGS:

     "Plant Power 2003" is classifiable under the heading 

                               -2-

3101.00.0000, HTSUS, 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, free of duty.  If the product is imported in containers
of a gross weight not exceeding 10 kgs, it is classifiable under
subheading 3105.10.0000, HTSUS, as products of Chapter 20 in
packages of a gross weight not exceeding 10 kgs, free of duty.

                         Sincerely,





                         John Durant, Director