Animal Feed Formulations from Canada

HQ 952173 November 18, 1992 CLA-2 CO:R:C:F 952173 ALS CATEGORY: Classification TARIFF NO.: 2309.90.9000 Mr. A. Tesser Hoffmann-La Roche, Inc 340 Kingsland Street Nutley, New Jersey 07110-1199 RE: Animal Feed Formulations from Canada Dear Mr. Tesser: This is reference to your request dated May 15, 1992, to our New York Seaport Area Office, requesting a classification ruling as to 3 formulations of animal feed products. Your request was referred to this office for further consideration. FACTS: The subject products are mixed in batches of approximately 4000 pounds and packaged in 50 pound bags. Each batch contains the following components: Component Batch Equivalent Pounds 1. Dog Food Vitamin PMX 695 Vitamin A 12.2411 Vitamin D3 3.0602 Vitamin B12 7.6532 Riboflavin 3.7001 Niacin 17.9399 Pant Acid SD 20.9459 Choline 2046.3840 Folic Acid 0.4141 Thiamine Mono 4.0477 - 2 - Pyridox HCL 1.7835 Biotin 15.9844 Vitamin E Adsorb 163.3932 Mic Trac F SP 8.8802 Selenium 66.6005 Calcium Carbonate 403.1640 Ground Rice Hulls 1251.8072 4028.0000 2. Swine Grower Micro 304 Vitamin A 152.8523 Vitamin D3 112.9179 Vitamin E SD 1380.5432 Vitamin B12 136.8220 Riboflavin 125.5911 Niacin 697.2594 Cal Dpant SD 639.4640 Menadione PB 192.0031 Endox 81.2017 Wheat Flour 541.3448 4060.0000 3. RMI 2-92 Vitamin A 32.4607 Vitamin D3 13.9898 Vitamin E Absorb 202.4656 Riboflavin 51.8015 Niacin 106.7425 Pant Acid SD 114.8650 Choline Chlor 402.5720 Folic Acid 10.5852 Ethoxyquin 94.1846 Biotin 1.7760 Thiamine Mono 59.1070 Pyridox HCL 15.6470 Ascorb AC CO 26.3661 Selenium 120.8577 Manganese 534.0947 Zinc 669.1103 Iron 285.8643 Copper 193.3482 Iodine 0.6042 Cobalt 1.4647 Calcium Carbonate 403.1640 Ground Rice Hulls 662.7597 4028.0000 - 3 - The importer indicated that the instant products are being specially mixed for a particular customer(s). The importer noted that the products are complete premixes, will be blended in Canada and can be mixed directly into general animal feed. ISSUE: Are the instant products preparations of a kind used in animal feeding and are they mixed feed or mixed feed ingredients? LAW AND ANALYSIS: Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order. We first considered whether the products under consideration were mixed feed or mixed feed ingredients consisting of not less than 6 percent by weight of grain or grain products. According to Additional U.S. Note 1 to Chapter 23, HTSUSA, such term "embraces products...which are an admixture of grains (or products, including byproducts, obtained in milling grains) with molasses, oilcake, oil-cake meal or feedstuffs, and which consist of not less than 6 percent by weight of grain or grain products." While the instant products contain over 6 percent by weight of grain products (rice hulls or wheat flour), they are not admixtures of grains or grain products since each of them only contains a single grain product. Accordingly, we concluded that the products are not mixed feed or mixed feed ingredients permitting classification in subheading 2309.90.1050, HTSUSA. In considering the classification of the products we noted that they contain vitamins and other nutritional supplements and a carrier (rice hulls or wheat flour). We have been advised that the products are complete products and that they may be mixed directly with animal feed and fed to the animal, they may be first mixed with another premix and then added to the animal feed to be fed to the animal or they may be fed directly to the animal. The distinction as to which of these procedures is - 4 - followed is a matter of preference of the end user and not based on the completeness of the products. Thus, since the products contain vitamins and nutrients with a carrier and can be added directly to animal feed, we believe that it is appropriate to consider the products as animal feed premixes and preparations of a kind used in animal feeding other than mixed feed or mixed feed ingredients. HOLDING: Animal feed premixes which contain vitamins and nutrients along with a carrier, which permit them to be added directly to animal feed, but do not contain an admixture of grains or grain products, are classifiable in subheading 2309.90.9000, HTSUSA. Such products are subject to a general rate of duty of 3 percent ad valorem. Animal feed premixes, which are the product of Canada, in accordance with General Note 3(c)(vii), HTSUSA, are eligible for a reduced rate of duty, upon compliance with the provisions of the United States - Canada Free Trade Agreement (CFTA) and section 10.301 et seq., Customs Regulations (19 CFR 10.301 et seq.). Sincerely, John Durant, Director Commercial Rulings Division