The tariff classification of Lilac Lactic Bacteria Standard Powder from Japan

N305787 September 13, 2019 CLA-2-23:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 Ms. Jennifer Swetts Delmar International (USA) 100 Colvin Woods Parkway Suite No. 500 Tonawanda, NY 14150 RE: The tariff classification of Lilac Lactic Bacteria Standard Powder from Japan Dear Ms. Swetts: In your letter dated August 14, 2019, you requested a tariff classification ruling on behalf of Hartz Mountain Corp (Secaucus, NJ). The subject merchandise is “Lilac Lactic Bacteria Standard Powder” composed of Bacillus coagulans and soy pulp powder. The product is described as a direct microbial animal feed additive for use in the livestock and poultry industry. The submitted manufacturing flow chart indicates that bacteria in liquid form is blended with soy pulp powder, dried by heat, pulverized, measured and packed. You have stated that the function of the soy pulp powder is to entrap the bacteria thereby protecting it from extreme pH and enzymes present in digestive secretions in order to ensure its viability until delivery to the intestinal tracts. The Bacillus coagulans is intended to produce lactic acid that lowers the pH balance in the intestinal tract and prevent the growth of other types of pathogens. “Lilac Lactic Bacteria Standard Powder” will be imported in 1-kilogram aluminum bags and packed five bags per each master carton. The applicable subheading for the “Lilac Lactic Bacteria Standard Powder” 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 percent 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 the 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 the 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.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division