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NY 893889




March 11, 1994

CLA-2-23:S:N:N7:231 893889

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1032; 2309.90.3190; 2309.90.3990

Mr. Richard Fischer
Advanced Microbial Systems, Inc.
P.O. Box 239
Shakopee, MN 55379-0239

RE: The tariff classification of animal feed from Germany.

Dear Mr. Fischer:

In your letter, dated December 8, 1993, you requested a tariff classification ruling.

The merchandise is comprised of four animal feed products: Oralin, Boviferm Ultra, Boviferm Primo, and Boviferm Plus.

Oralin consists of bacteria (pure Enterococcus faecium on a carrier) and lactose. E. faecium is a natural gut inhabitant in animals. Boviferm Ultra is pure Oralin packaged in small pouches. It is added to milk replacer that is fed to young calves to safeguard their health.

Boviferm Primo is composed of Oralin, peanut oil, lactose, vitamin A palmitate and vitamin E. Boviferm Primo is packaged in syringes, and it will be fed to young calves that are nursing to protect their health.

Boviferm Plus is made of whey powder, dextrose, rice flour, banana flakes, bentonite clay, sodium chloride, sodium bicarbonate, pectin, natural flavors, tannin, potassium chloride, Oralin, manganese chloride, calcium chloride, vitamin A, and vitamin E. It is used as a milk replacer feed for calves.

The applicable subheading for Oralin and Boviferm Ultra will be 2309.90.3190, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, animal feeds containing milk or milk derivatives, containing over 10 percent by weight of milk solids, other. The rate of duty will be 7.5 percent ad valorem. However, under quota subheading 9904.10.69, HTS, there is no allowance for animal feed from Germany which contains milk or milk derivatives.

The applicable subheading for Boviferm Primo will be 2309.90.3990, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, animal feeds containing milk or milk derivatives, other, other. The rate of duty will be 7.5 percent ad valorem. However, under quota subheading 9904.10.69, HTS, there is no allowance for animal feed from Germany which contains milk or milk derivatives.

The applicable subheading for Boviferm Plus will be 2309.90.1032, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other cattle feed, prepared. The rate of duty 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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