The tariff classification of Hostazym X microgranulate (dry), and Hostazym X Liquid from Bulgaria

N043908 November 20, 2008 CLA-2-35:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 3507.90.7000 Mr. Chuck R. Rogers Kuehne & Nagel 235 Southfield Pkwy. Forest Park, GA 30297 RE: The tariff classification of Hostazym X microgranulate (dry), and Hostazym X Liquid from Bulgaria Dear Mr. Rogers: In your letter dated September 19, 2008, on behalf of Huvepharma Inc., you requested a tariff classification ruling. The subject merchandise consists of two different formulations of Hostazym X. You state that the merchandise is an enzyme preparation which is used in animal feed. The two formulations are as follows: 1) Hostazym X microgranulate (dry) Ingredients: Endo-1,4-B xylanase 2% Whole wheat flour 97 % Potato Starch 1 % 2) Hostazym X Liquid Ingredients: Sodium Benzoate 3 g/L Potassium Sorbate 1 g/L Sorbitol 542 g/L Polypropylene glycol 110 g/L Endo-1,4-B xylanase 15.4 g/L Purified Water (Volume to 100 %) Additional information which you provided to us, dated October 17, 2008, indicates that only the actual enzyme in these formulations, possess any nutritive properties. You state that the other ingredients present do not serve any nutritive purpose in these formulations. You indicate that the sole purpose of these preparations is to provide a mechanism for the breakdown of pentosans from wheat, rye, or barley in poultry and swine diets. Additionally you state that the products are general use feed additives and possess no medicinal or veterinary applications other than their enzymatic properties. The applicable subheading for both formulations of Hostazym X will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: "Enzymes; prepared enzymes not elsewhere specified or included: Other." The rate of duty will be Free. This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.This merchandise may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:U.S. Department of Agriculture APHIS, VS 4700 River Road, Unit 40 Riverdale, MD 20737 Telephone number: (301) 734-3277 Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division