Classification of pet food containing tuna

HQ 951280 July 7, 1992 CLA-2 CO:R:C:F 951280 JGH CATEGORY: Classification TARIFF NO.: 2309.10.00 Mr. P. Araujo BACO Customhouse Brokers, Inc. 610 Customs Drive P.O. Box 9705 El Paso, Texas 79987-0705 RE: Classification of pet food containing tuna Dear Mr. Araujo: Your letter of February 26, 1992, concerns the tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) of a pet food from Mexico. FACTS: The products are described as pet foods which would consist of Mexican tuna and tuna by products. Other flavors would include Tuna and Chicken, Tuna and Egg, Seafood Medley, Tuna Chunks, Tuna-Lamb-Rice, Chicken and Tuna and liver. The basic canned products are described as being extruded, semi-moist, soft, chewy and dry. ISSUE: Classification of pet food containing Mexican tuna LAW AND ANALYSIS: The Explanatory Notes to the HTSUS provide an explanation of the various provisions at the international level. For heading 2309, "Preparations of a Kind used in Animal Feeding," included are preparations for cats, dogs, etc., consisting of a mixture of meat, meat offal, and other ingredients, put up in airtight containers and containing approximately the quantity required for one feed. - 2 - In addition considering the contents of these preparations, they may be subject to certain import regulations. It is suggested, therefore, that you contact: National Oceanic and Atmospheric Administration National Marine Fisheries Service 501 West Ocean Blvd. Suite 4200 Long Beach, California 90802 Phone Contact : Steve Thompson or E.C. Fullerton (310) 980-4000 HOLDING: The canned pet food described above, if put up for retail sale, is classifiable as dog or cat food put up for retail sale in air tight cans in subheading 2309.10.00, HTSUS. If not in retail size cans, it would be classifiable in subheading 2309.90.10, HTSUS. Sincerely, John Durant, Director Commercial Rulings Division