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HQ 085627


December 6, 1989

CLA-2:CO:R:C:G 085627 SER

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9000

Mr. Harold Terpstra
Ferndale Grain Incorporated
P.O. Box 39
Ferndale, WA 98248

RE: Reconsideration of NYRL 839835, classifying "Premix

Dear Mr. Terpstra:

In your letter of August 14, 1989, you requested a reconsideration of a classification decision made in New York Ruling Letter (NYRL) 839835, dated May 4, 1989. In Ruling 839835, Premix (K base), a vitamin/mineral supplement formulated for animals, was classified as a medicament under subheading 3003.90.0000, HTSUSA.

Based on a reexamination of the relevant HTSUSA provisions and the Explanatory Notes (EN), it is apparent that the merchandise at issue is not a medicinal preparation used in the treatment or prevention of human or animal ailments. Rather, the merchandise is a dietary supplement to be ingested as a part of animal feed for general nutritional purposes. See EN for heading 30.03, HTSUSA. Consequently, it is not properly classified as a medicament under heading 3003, HTSUSA.

Based upon information submitted and on further examination of the relevant headings, it has been determined that the merchandise at issue should be classified under subheading 2309.90.9000, HTSUSA, which provides for preparations of a kind used in animal feeding: other. The rate of duty is 3 percent ad valorem.

NYRL 839835 is hereby amended accordingly.

Sincerely,

John Durant, Director
Commercial Rulings Division

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