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May 13, 1999

CLA-2-23:RR:NC:2:231 D88029

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Ms. Cecelia Madigan
Fritz Companies, Inc.
4285 Gennesee Street
Cheektowaga, NY 14225

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

Dear Ms. Madigan:

In your letter, dated February 2, 1999, you have requested a tariff classification ruling on behalf of your client, Chr. Oleson and Co., A/S, Denmark.

The merchandise, vitamin premixes for pets, is described thus:

1. "Cat Vitamin Premix Complete" is a complete vitamin premix for cats that has been blended on a carrier of second clear wheat flour or ground rice hulls. Up to 1.5 percent USP mineral oil may be added to prevent dusting. Rice hulls are 80 percent minus 30 mesh (80/30 rice hulls). Up to 40 percent calcium carbonate may be added to control density. The ingredients are vitamin A, riboflavin, vitamin E, biotin, vitamin B12, pantothenic acid, vitamin D3, folic acid, menadione sodium bisulfite complex, niacin, pyridoxine HCl, and thiamine mononitrate. The net weight is 50 pounds.

2. "Dog Vitamin Premix Complete" is a complete vitamin premix for dogs that has been blended on a carrier of ground rice hulls or second clear wheat flour. Rice hulls are 80 percent minus 30 mesh (80/30 rice hulls). Up to 1.5 percent USP mineral oil may be added to prevent dusting. Up to 40 percent calcium carbonate may be added to control density. The ingredients are choline chloride, vitamin D3, folic acid, menadione sodium bisulfite complex, niacin, pyridoxine HCl, thiamine, and mononitrate. The net weight is 50 pounds.

3. "Super Premium Vitamin Premix Complete." The ingredients are vitamin A, riboflavin, vitamin E, biotin, vitamin B12, pantothenic acid, vitamin D3, folic acid, menadione sodium bisulfite complex, niacin, pyridoxine HCl, and thiamine mononitrate. The carrier is ground rice hulls. The net weight is 50 pounds.

The applicable subheading for "Cat Vitamin Premix Complete," "Dog Vitamin Premix Complete," and "Super Premium Vitamin Premix Complete" 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 rate of duty will be 1.7 percent ad valorem.

Additional requirements may be imposed on this product 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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