HQ 0953755 - A Herbal Supplement for Cats and Dogs Known as Hoka Mix 30 - United States International Trade Commision Rulings

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HQ 953755

September 3, 1993

CLA-2 CO:R:C:F 953755 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9000

Messrs. Lee Bothamley and
Mike McKegney
House Calls Pet Food
118 S. Mitton Street
Sarnia, Ontario, Canada N7T 3C4

RE: A Herbal Supplement for Cats and Dogs Known as Hoka Mix 30

Dear Messrs. Bothamley and Mckegney:

This is response to your request for a ruling on a herbal supplement produced in Holland, for dogs and cats.

FACTS:

The product under consideration is described an a herbal supplement for cats and dogs consisting of natural vitamins A, K, B1, B6, C, B2, B12, E, folic acid, B3, H(Biotin) B5(pantothenic acid), natural minerals and trace elements: calcium, phosphor, sodium, magnesium, zinc, manganese, chromium, potassium, selenium, iodine, iron, copper and natural herbs; alfalfa, almond powder, capsicum and woundwort (solidago). The supplement is sprinkled directly on the animal's daily food. The product comes in 4 size packages: 180 grams, 450 grams, 900 grams and the kennel package of 5 kilograms.

ISSUE:

What is the classification of the instant product?

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 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.

According to literature provided with the ruling request Hoka Mix 30 is a homeopathic or alternative medicine approach to the prevention and treatment of various disorders in dogs and cats. The literature indicates that the product is a biological phyto- therapeutical food additive acting as a catalyst, without chemical additives, which is stated to restore stomach and intestinal flora, improve the absorption of nutrients, enhance metabolism and that it is employed for dealing with a large number of complaints and deficiencies in dogs and cats. While no objective evidence is provided as to the efficacy of the product, affidavits are provided relative thereto. We note that the product, which is sold in various size packages, is utilized by sprinkling it directly on the food of dogs and cats and that it is ingested when the food is eaten. This herbal food supplement is exclusively for dogs and cats and is not intended for human consumption. Such supplement is classifiable under the provision for preparations used in animal feeding.

HOLDING:

A herbal food supplement intended for dogs and cats which is directly mixed with their food prior to ingestion by such animals is classifiable in subheading 2309.90.9000, HTSUSA. Merchandise so classified is subject to a general rate of duty of 3 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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