The tariff classification of kelp-based dietary supplements (feed additives) for dogs and cats, from Canada.

N079118 October 29, 2009 CLA-2-23:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 Mr. David T. Grover Pure Ocean Botanicals LLC PO 417 Occidental, CA 95465 RE: The tariff classification of kelp-based dietary supplements (feed additives) for dogs and cats, from Canada. Dear Mr. Grover: In your letter dated October 6, 2009, you requested a tariff classification ruling. The goods in question are three dry dietary supplements formulated to be added to the regular food given to a pet dog or cat. Each formula contains dried, powdered kelp consisting of a mixture of two different species of brown algae, plus one or more other ingredients. The recommended dosage is one teaspoon of the supplement for a cat or dog weighing less than 20 lbs. Each formula (see below for respective ingredients) will be imported in a retail-ready 8-oz plastic pouch. “Pet Kelp—Joint and Bone Formula” contains Ascophyllum nodosum (alga), Laminaria digitata (alga), glucosamine sulphate, flaxseed, chondroitin sulphate. “Pet Kelp—Skin & Coat Formula” contains Ascophyllum nodosum (alga), Laminaria digitata (alga), flaxseed. “Pet Kelp—Antioxidant Formula” contains Ascophyllum nodosum (alga), Laminaria digitata (alga), flaxseed, dried blueberry powder. The applicable subheading for all of the above “Pet Kelp” formulas will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) preparations of a kind used in animal feeding. The general 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. These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone number: 301-734-3277 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