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HQ 952338


November 18, 1992

CLA-2 CO:R:C:F: 952338 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9000

Mr. R. J. Salamone
Manager, Customs
BASF Corporation
100 Cherry Hill Road
Parsippany, NJ 07054

RE: Animal Feed Premixes

Dear Mr. Salamone:

This ruling is in reference to your inquiry of June 29, 1992, requesting a binding ruling on a product identified as Premix 50R which is made in Canada.

FACTS:

The subject product is mixture of the following components:

Component Percent Weight/Pound

Riboflavin 62.50
L-Lysine .07
Amorphous Silica 1.00
Mineral Oil .50
Calcium Carbonate 17.50
Rice Hulls or Cob Meal 18.43

The importer indicated that the instant product is being specially mixed for a particular customer. The importer, however, noted that the product is a complete premix and that it can be used directly in general animal feed. While the end user intends to mix the instant product with another premix before it
is mixed with the animal feed, this is done at the option of the end user and is not a requisite for use of the product.

ISSUE:

Is the instant product a preparation of a kind used in animal feeding and is it a mixed feed or mixed feed ingredient?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

We first considered whether the products under consideration were mixed feeds or mixed feed ingredients consisting of not less than 6 percent by weight of grain or grain products. According to Additional U.S. Note 1 to Chapter 23, HTSUSA, such term "embraces products...which are an admixture of grains (or products, including byproducts, obtained in milling grains) with molasses, oilcake, oil-cake meal or feedstuffs, and which consist of not less than 6 percent by weight of grain or grain products." While the instant product contains over 6 percent by weight of grain products (rice hulls or cob meal), it is not an admixture of grains or grain products since it only contains a single grain product. Accordingly, we concluded that the product is not a mixed feed or mixed feed ingredient permitting classification in subheading 2309.90.1050, HTSUSA, as suggested in the ruling request.

In considering the classification of the product we noted that it contains nutritional supplements and a carrier (rice hulls or cob meal). Although the original ruling request indicated that the product must first be added to a premix and then to the animal feed, subsequent information indicates that the product can be added directly to animal feed. Information provided to us subsequent to the ruling request indicates that while the end user of the subject product intends to first mix the product with a vitamin premix and then mix it with animal feed, this two step approach is not necessary. We have been
advised that the product is a complete product and that it may be mixed directly with animal feed and fed to the animal or it may be first mixed with another premix and then added to the animal feed to be fed to the animal. The distinction as to whether the product is added directly to animal feed or first mixed with another premix is a matter of preference of the end user and not based on the completeness of the product. Thus, since the product contains animal nutrients with a carrier and can be added directly to animal feed, we believe that it is appropriate to consider the product as an animal feed premix and a preparation of a kind used in animal feeding other than mixed feeds or mixed feed ingredients.

HOLDING:

An animal feed premix which contain nutrients along with a carrier, which permits it to be added directly to animal feed, but does not contain an admixture of grains or grain products, is classifiable in subheading 2309.90.9000, HTSUSA. Such products are subject to a general rate of duty of 3 percent ad valorem.

Animal feed premixes, which are the product of Canada, are, in accordance with General Note 3(c)(vii), HTSUSA, eligible for a reduced rate of duty, upon compliance with the provisions of the United States - Canada Free Trade Agreement (CFTA) and section 10.301 et seq., Customs Regulations (19 CFR 10.301 et seq.).

Sincerely,

John Durant, Director
Commercial Rulings Division

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