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HQ 954279


April 8, 1994

CLA-2 CO:R:C:F 954279 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1020

Ms. Mary F. Tramontano
Import Manager
Hoechst Celanese Corp.
Route 202-206 North
Somerville, NJ 08876

RE: Salinomycin-intermediate

Dear Ms. Tramontano:

This is reference to your request of April 13, 1993, sent to our New York Seaport Area Office, requesting a classification ruling regarding the subject product which is used in the manufacture of a poultry premix. Your request has been referred to this office for consideration.

FACTS:

The product under consideration, salinomycin-intermediate (also known as salinomycin mycelial cake), is described as a spray-dried culture medium with approximately 20 percent active substance (salinomycin (INN, 8AN)). Subsequent to importation the product is standardized to 30g per pound by mixing with calcium carbonate, calcium silicate, mineral oil and silicon dioxide and packaged in 50 pound bags.

ISSUE:

What is the classification of the subject product?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by - 2 -
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.

The product is used in the prevention of coccidiosis, a disease that primarily affects fowl.

In considering this matter we noted that, except for a small difference in amount of active ingredients, the imported product under consideration is substantially similar to the product considered in Headquarters Ruling Letter (HRL) 083437, dated March 13, 1990. In that ruling the Explanatory Notes (EN) to the Harmonized System regarding heading 2309 was cited. It was noted that such EN, which represents the considered opinion of the international classification experts, states that the provisions for "other animal feed preparation" includes preparations known in the trade as "premixes" and that they are, generally speaking, compound composition consisting of a number of substances (sometimes called additives), the nature and proportions of which vary according to the animal production required. That ruling held that such preparations, specifically referenced in the EN, i.e., mycelium, the culture medium and the antibiotic, were most specifically covered in heading 2309, HTSUSA, even when the antibiotic level was between 20-30 percent.

HOLDING:

The product at issue salinomycin-intermediate, also known as salinomycin mycelial cake, is classifiable in subheading 2309.90.1020, HTSUSA, and is subject to a free general rate of duty.

Sincerely,

John Durant, Director
Commercial Rulings Division

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