The tariff classification of Palm Fat Blend from Malaysia

N286897 June 16, 2017 CLA-2-23:OT:RR:NC:N4:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 Ms. Julie Hartenfels Williams B. Skinner Inc. 300-3C Route 17 South Lodi, NJ 07644 RE: The tariff classification of Palm Fat Blend from Malaysia Dear Ms. Hartenfels: In your letter dated May 22, 2017 you requested a tariff classification ruling on behalf of your client, Agrofin Inc. (Upland, CA). The subject merchandise is Nutracor High Palmitic Lipid Compound Prills. The sample submitted is a light yellow dry micro-sized substance stated to be 300 micron. The sample will be retained. The product is composed of 54.5 percent distilled high palmitic fatty acids, 25.6 percent palm fatty acid distillate, 20 percent fractionated palm fatty acid distillate, less than 1 percent butyl hydroxytoluene (BHT) and ethoxyquin (both antioxidants). The product is a feed additive indicated to act as a fatty acids replacer in ruminants. It is indicated to improve butterfat content in milk, higher digestibility and equitable energy partitioning in cattle. The product can be applied as mix into feed, top dressing, pelleting or drench mix. Nutracor High Palmitic Lipid Compound Prills will be imported in 50 pounds bags or 1 ton totes (2000 pounds), respectively. You have suggested that this merchandise should be classified in subheading 2309.90.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: other: mixed feeds or mixed feed ingredients: dairy cattle feed prepared. We find that it is more appropriately classified elsewhere. The applicable subheading for “N70 High Palmitic Lipids Compound Prills” will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: Other: Other: Other: Other: Other. The rate of duty will be 1.4% ad valorem. 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 https://hts.usitc.gov/current. 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 Ekeng Manczuk at Ekeng.Manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division