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NY D83361




October 23, 1998

CLA-2-23:RR:NC:2:231 D83361

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

Ms. Mary Beth Moran
BCB International
1245 Niagara Street
Buffalo, NY 14213-1501

RE: The tariff classification of preparations used in animal feeding from Canada.

Dear Ms. Moran:

In your letter, dated October 9, 1998, you have requested a tariff classification ruling on behalf of your client, Bio-Pro Marketing Limited, Harriston, Ontario.

The merchandise is described thus:

1. "HPP Mix 191 GS" is a premix that will be used as feed ingredients in the manufacture of pet food. The ingredients are 90 percent wheat gluten and 10 percent soy protein.

2. "HPP Mix 199 GP" is a premix that will be used as feed ingredients in the manufacture of pet food. The ingredients are 90 percent wheat gluten and 10 percent dried meat by-product.

In your correspondence you indicate that the wheat gluten is sourced in the Netherlands, Sweden, Finland or Hungary. The dried meat by-product and soy protein concentrate are made in the U.S. The wheat gluten is blended with the soy protein and dried meat by-product and made into the two premixes in Canada.

The applicable tariff provision for "HPP Mix 191 GS" and "HPP Mix 199 GP" will be 2309.90.1050, 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. The rate of duty will be free.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Robert B. Swierupski
Director

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