NY a86204: The tariff classification of TELLUS E-5, TELLUS E-9 and TELLUS E-16, from Italy

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.

                            NY A86204

                         August 19, 1996


CLA-2-30:RR:NC:FC:238 A86204  

CATEGORY:  Classification

TARIFF NO.: 3002.90.5050  

Ms. Aida M. Colavito
Tellus, Inc.
15011 SW 45th Lane
Miami, FL  33185

RE:  The tariff classification of TELLUS E-5, TELLUS E-9 and
     TELLUS E-16, from Italy

Dear Ms. Colavito:

     In your letter dated August 2, 1996, you requested a tariff
classification ruling.

     The subject products, TELLUS E-5, TELLUS E-9 and TELLUS E-
16, each consist of a light-brown, water-soluble powder, prepared
by freeze-drying.  Each product consists of different types of
viable bacteria and protozoa (both in a latent state), combined
with proenzymes, various types of bacteriophage, and macrophages. 
These active ingredients are, in turn, combined with a carrier
consisting of culture media, dry algae, and mineral salts. 
According to your letter and the descriptive literature, these
products are used to treat any type of organic waste, such as
animal liquid and solid waste, sewage, industrial liquid waste,
etc.  You also state in your letter that the subject products
come packed in bags or drums of 5, 10, or 20 kg.           

     The applicable subheading for the three subject products
will be 3002.90.5050, Harmonized Tariff Schedule of the United
States (HTS), which provides for: "Human blood; ... , cultures of
micro-organisms (excluding yeasts) and similar products: Other:
Other: Other."  The rate of duty will be free.     

     This merchandise may be subject to the regulations of the
Environmental Protection Agency (EPA) and/or the Food and Drug
Administration (FDA).  You may contact the EPA at 401 M Street,
S.W., Washington, DC  20460, telephone number (202) 382-2090.
You may contact the FDA at 5600 Fishers Lane, Rockville, MD 
20857, telephone number (301) 443-6553.     

     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
Cornelius Reilly at 212-466-5770.


                                        Sincerely,




                                        Roger J. Silvestri
                                        Director,
                                        National Commodity
                                        Specialist Division