NY D89308 - The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a preparation used in animal feeding and a cleaning agent from Mexico; Article 509 - United States International Trade Commision Rulings

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May 17, 1999

CLA-2-23:RR:NC:2:231 D89308

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500; 3402.20.1000; 3402.90.3000

Mr. Gonsalo Rendon
Proemsa USA Corporation
2231 North Main Street
Fort Worth, TX 76106

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a preparation used in animal feeding and a cleaning agent from Mexico; Article 509

Dear Mr. Rendon:

In your letter, dated March 5, 1999, you requested a ruling on the status of a preparation used in animal feeding and a cleaning agent from Mexico under the NAFTA.

The merchandise is described thus:

1. "Destroyer Plus" is a cleaning agent. It will be used in hatchery facilities and hen houses to treat bedding material, watering troughs, and feed troughs. The product will also be used to disinfect tractor cabs and chicken transport trailers. It is organic, biodegradable, and non-toxic. The ingredients are glycerin USP, N-alkyl C12C16 benzyl dimethyl ammonium chloride, isopropyl alcohol, citric acid, grapefruit essential oils and oleoresins, water, and ascorbic acid.

2. "Destroyer Plus 1000" is a vitaminized nutritional supplement for poultry and livestock; it is organic, biodegradable, and non-toxic. The ingredients are N-alkyl C12C16 benzyl dimethyl ammonium chloride, glycerin USP, water, isopropyl alcohol, and vitamins [d-calcium pantothenate, nicotinamide, biotin, soybean oil, arabic gum, potassium chloride, sodium chloride, alpha tocopherol acetate, ascorbic acid, citric acid, thiamine, riboflavin, pyridoxine, menadione, vitamin A, vitamin D, vitamin B12, experidina (vegetable vitamin complex and antioxidant), sodium nitrate, and vegetable coloring].

In your correspondence you indicate that all ingredients contained in "Destroyer Plus" and "Destroyer Plus 1000" originate in Mexico.

The applicable subheading for "Destroyer Plus" (item #1), if in bulk, will be 3402.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401, other, other, containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem.

However, if imported in containers put up for retail sale, the applicable subheading for "Destroyer Plus" will be 3402.20.1000, HTS, which provides for organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401, preparations put up for retail sale, containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem.

The applicable subheading for "Destroyer Plus 1000" (item #2) will be 2309.90.9500, HTS, which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The general rate of duty will be 1.7 percent ad valorem.

Products classifiable in subheadings 2309.90.9500, HTS, 3402.20.1000, HTS, or 3402.90.3000, HTS, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Additional requirements may be imposed on the preparation used in animal feeding 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 181 of the Customs Regulations (19 CFR 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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