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NY 806484




March 1, 1995

CLA-2-23:S:N:N7:231 806484

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9095; 3004.90.9003

Ms. Lynda L. Schwab
Racing Pigeon Bulletin Supplies
34 East Franklin Street
Bellbrook, OH 45305

RE: The tariff classification of various vitamin/mineral supplements and probiotics for cage birds from England.

Dear Ms. Schwab:

In your letter dated January 25, 1995 you requested a tariff classification ruling.

The products in question are described as follows:

A) Gem Ultra-Vits: A vitamin supplement for pigeons consisting of a powdered compound of vitamins, minerals, and amino acids in a water soluble form.

B) Strike: A powdered compound containing Allicin and Lactic Bacteria (a beneficial bacteria) in a water soluble form.

C) Gardex: A garlic supplement to promote the pigeons overall health consisting of a powered compound containing a garlic supplement and vitamin C in a water soluble form.

D) GEM-lytes: A powered compound containing electrolytes and trace elements in a water soluble form. Contents include sulphates of copper, cobalt, iron, manganese, potassium, sodium and zinc on an acidified soluble base.

E) GEM-thepax: A liquid compound containing specific microbial nutrients.

The applicable subheading for the Gem Ultra-Vits, Strike, Gardex and GEM-thepax will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations of a kind used in animal feeding: other: other: other: other: other:. The duty rate will be 2.7 percent ad valorem.

The applicable subheading for the GEM-lytes will be 3004.90.9003, Harmonizes Tariff Schedule of the United States (HTS), which provides for Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packaging for retail sale (con.): other: other...for veterinary use. The duty rate will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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