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NY 810219



May 22, 1995

CLA-2-23:S:N:N7:231 810219

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.10.0010; 2309.10.0090

Mr. Allan Morrison
Australia Direct
2461 Santa Monica Blvd. C-344
Santa Monica, CA 90404

RE: The tariff classification of milk products for cats and dogs from Australia.

Dear Mr. Morrison:

In your letter, dated May 7, 1995, you requested a tariff classification ruling.

The merchandise consists of "Pets Own Milk" for cats and dogs, and "Pets Own Puppy Milk" for puppies. The products are low lactose, dietary supplement milk products for cats, dogs, and puppies.

"Pets Own Milk" contains whole milk, vegetable oil, lactase enzyme, vitamin A, vitamin C, vitamin B1, vitamin B2, niacin, calcium, phosphorus, potassium, and magnesium. "Pets Own Puppy Milk" contains whole milk, vegetable oil, nonfat milk solids, amino acids, minerals, and lactase enzyme. Because many cats and dogs are lactose intolerant, the lactose has been removed from these products. Essential nutrients have been added for improved nutritional balance, better health, a shiny and more manageable coat, and to assist in the prevention of kidney and eye disease.

The applicable subheading for "Pets Own Milk" and "Pets Own Puppy Milk," if in airtight containers, will be 2309.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, in airtight containers. The rate of duty will be free.

The applicable subheading for "Pets Own Milk" and "Pets Own Puppy Milk," if not in airtight containers, will be 2309.10.0090, HTS, which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, other. The rate of duty will be free.

Importations of these products may be subject to the provisions of the Import Milk Act. Therefore, it is suggested that you contact:

US Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street SW
Washington, DC 20204

In addition, it is suggested that you contact the following agency, regarding regulations that this agency may have on the importation of these products:

US Department of Agriculture
APHIS Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782

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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