Adama India’s “Flamberge” is a Plant Growth Promoter and not Fertilizer: Customs AAR places Product under CTH 3808 [Read Order]

The Customs Authority for Advance Rulings (CAAR), Mumbai has ruled that Adama India Private Limited’s product “Flamberge” - described by the company as a bio-stimulant is not classifiable as a fertilizer under Chapter 31 of the Customs Tariff and instead merits classification under Customs Tariff Heading (CTH) 3808.

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The applicant, M/s Adama India Private Limited (Adama India), is the Indian subsidiary of ADAMA Agricultural Solutions Ltd., a global leader in crop protection solutions headquartered in Hyderabad, Telangana. The company provides a broad portfolio of over 100 products, including herbicides, insecticides, and fungicides, to Indian farmers.

Adama India filed an application seeking an advance ruling on the correct classification of “Flamberge”, a product marketed as a natural bio-stimulant intended to enhance plant growth, vigour and productivity.

The application was received by the CAAR on June 20, 2025 under Section 28H(1) of the Customs Act, 1962. The applicant sought clarity on whether the new changes in registration requirements under the Fertilizer Control Order, 1985 would have any bearing on the classification of the product and, whether it would continue to fall under CTH 3101; if not, the appropriate tariff heading.

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Adama represented Flamberge as a protein hydrolysate derived through the hydrolysis of proteins of animal origin, resulting in a mixture of amino acids and peptides. The product is applied through foliar spray or fertigation and is stated to improve nutrient absorption, stress tolerance and overall plant health. The applicant submitted that the product does not contain added nutrients in the nature of conventional fertilizers and is intended to act as a growth promoter rather than as a source of primary plant nutrients.

The applicant was represented before the Authority by its authorised representatives, while the jurisdictional Commissionerate also placed its views on record.

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The Authority examined the composition, manufacturing process, claimed functions and usage of the product, along with the relevant tariff entries.

The Authority noted that Chapter 31 of the Customs Tariff covers mineral or chemical fertilizers and certain organic fertilizers which are primarily intended to supply nutrients such as nitrogen, phosphorus or potassium to plants. On the other hand, Heading 3808 covered plant growth regulators and similar products.

On analysis, the CAAR observed that Flamberge functions as a bio-stimulant by stimulating physiological processes in plants and enhancing nutrient uptake efficiency, rather than directly supplying nutrients in the manner of fertilizers. The Authority held that the product’s essential character aligns more closely with plant growth regulators and similar preparations covered under Heading 3808.

Accordingly, Prabhat K. Rameshwaram - the Customs Authority for Advance Rulings issued the ruling that Adama India’s “Flamberge” bio-stimulant is not classifiable as a fertilizer under Chapter 31 and is correctly classifiable under CTH 3808.

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