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HQ 086563
May 18, 1990

CLA-2 CO:R:C:G 086563 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.6000

Mr. Daniel C. Byle
Marquest Industries, Ltd.
25014 80th Avenue, R.R.#6
Langley, British Columbia V3A 4P9 Canada

RE: Modification of New York Ruling Letter 835761 Animal Feed Containing Egg

Dear Mr. Byle:

On January 31, 1989, our New York office issued New York Ruling Letter (NYRL) 835761 classifying the "Liquid Animal Food Quality Egg Product" in subheading 2309.90.9000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other preparations of a kind used in animal feeding. At that time, New York had not received Supplement #3 to the Harmonized Tariff Schedule which added subheading 2309.90.6000, HTSUSA, providing for animal feed containing egg. Accordingly, the "Liquid Animal Food Quality Egg Product" is more properly classifiable in subheading 2309.90.6000, HTSUSA. The applicable rate of duty is 3 percent ad valorem.

Articles classified under 2309.90.6000, HTSUSA, which have originated in the territory of Canada, will be entitled to a reduced tariff of 2.4 percent under the United States-Canada Free Trade Agreement upon compliance with all applicable regulations.

New York Ruling Letter 835761 is hereby modified pursuant to 19 CFR 177.9(d). This modification is effective immediately; however, it shall not be applied retroactively to the classification of goods entered by you or on your behalf in reliance on NYRL 835761.

Sincerely,

John Durant, Director

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See also:

• Tariff No.: 2309.90.60 - Animal feeds containing egg, other than mixed feeds or mixed feed ingredients, not containing milk or milk derivatives