The tariff classification of preparations used in animal feed, from China.

N047584 January 8, 2009 CLA-2-23:OT:RR:E:NC:2:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 Ms. Courtney Cabin Phoenix International Freight Services Ltd. 855 IL Route 83 Bensenville, IL 60106 RE: The tariff classification of preparations used in animal feed, from China. Dear Ms. Cabin: In your letters dated November 13 and December 19, 2008, you requested a tariff classification ruling on behalf of your client, Wenda America Inc. The items in question are two versions of a nutritional supplement/palatability enhancer used as an ingredient in the industrial production of pet food or animal feed. Both are formulated exclusively for such use, and will generally comprise roughly 5 to 10 percent of the finished feed product. They will be imported in powder form in 50-lb paper bags. “WendaNutri-100” (also known as Formula A) consists, by weight, of 54% brewers yeast, 44% glycine, and 2% tricalcium phosphate. “WendaNutri-200” (also known as Formula B) consists, by weight, of 70% brewers yeast, 28% glycine, and 2% tricalcium phosphate. Your client believes that these products may be classifiable in subheading 2309.90.10, Harmonized Tariff Schedule of the United States (HTSUS), which provides for certain “mixed feeds or mixed feed ingredients” within the heading for preparations of a kind used in animal feeding. However, we must point out that the definition of the term “mixed feeds or mixed feed ingredients,” as set forth in Additional U.S. Note 1 to chapter 23, HTSUS, requires that such goods must contain at least 6 percent by weight of grains or products obtained in the milling of grains. Since the subject “WendaNutri” formulas do not contain any grains or milled-grain products, they do not qualify for classification in subheading 2309.90.10, HTSUS. The applicable subheading for “WendaNutri-100” and “WendaNutri-200” will be 2309.90.9500, HTSUS, which provides for other (non-enumerated) preparations of a kind used in animal feeding. The rate of duty will be 1.4%. 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 merchandise is 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 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division