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June 11, 1999

CLA-2-23:RR:NC:2:231 E83084

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.10.0090

Mr. Martin Sokoloff
Wedgie Dietetic Foods, Inc.
26 20th Street
Brooklyn, NY 11232

RE: The tariff classification of dog food and cat food from the Netherlands.

Dear Mr. Sokoloff:

In your letter, dated June 4, 1999, you have requested a tariff classification ruling.

The submitted samples, dog or cat food that has been put up for retail sale, are described thus:

1. "Yarrah" brand "Multi Dog Biscuits" are 90 percent wheat. The ingredients are whole wheat, sunflower oil, seaweed, yeast, malt powder, calcium, phosphorus, chloride, sodium, magnesium, iron, zinc, copper, selenium, vitamin C, tocopherol, niacin, pantothenic acid, pyridoxine, riboflavin, thiamin, folic acid, vitamin A, and vitamin D3. The biscuits are packed in a box. The net weight is 17.5 ounces.

2. "Yarrah" brand "Cat Food Chicken" is cat kibble that is 40 percent wheat, 24 percent corn. There are two varieties - chicken and fish. The ingredients are whole wheat, chicken, corn, sunflower seeds, chicken oil and chicken fat (naturally preserved with added minerals and vitamins), water, coriander, mint, black-wort, root of chives, dill, marjoram, thyme, oregano, vitamin A, vitamin D3, choline chloride, biotin, taurine, salt, ascorbic acid, tocopherol, vitamin B12, ferrous sulfate, zinc oxide, zinc sulfate, limestone, dicalcium phosphate, manganous oxide, pantothenic acid, riboflavin, magnesium oxide, copper sulfate, pyridoxine, thiamin, vitamin K3, cobalt sulfate, calcium iodide, and sodium selenite. It is packed in a sack. The net weight is 28 ounces.

3. "Yarrah" brand "Dog Food Corn and Chicken" is dry food for dogs that is 48 percent wheat, 10 percent corn. The ingredients are whole wheat, chicken corn, water, chicken oil and chicken fat (naturally preserved with added minerals and vitamins), coriander, mint, black-wort, root of chives,, kill, marjoram, thyme, oregano, vitamin A, vitamin D3, choline chloride,limestone, salt, dicalcium phosphate, biotin, ascorbic acid, tocopherol, zinc oxide, zinc sulfate, ferrous sulfate, niacin manganous oxide, vitamin B12, magnesium oxide, pantothenic acid, riboflavin, pyridoxine, copper sulfate, thiamin, vitamin K3, cobalt sulfate, folic acid, calcium iodide, and sodium selenite. It is packed in a sack. The net weight is 4 pounds, 6 ounces, 11 pounds, or 33 pounds.

4. "Yarrah" brand "Organic Vegie Ears" are dog chews that are 45 percent corn, 25 percent wheat. The ingredients are corn, wheat flour, glucose syrup, sunflower oil, natural smoke flavoring, and beet-root juice. There are two pieces per pack. The net weight is 2.5 ounces.

5. "Yarrah" brand "Organic Chewing Bones" are chew bones for dogs that are 47 percent corn, 23 percent wheat. The ingredients are corn, wheat flour, glucose syrup, sunflower oil, and natural smoke flavoring. There are two chewing bones per pack. The net weight is 5.6 ounces.

The applicable subheading for "Multi Dog Biscuits" (item #1), "Cat Food Chicken" (item #2), "Dog Food Corn and Chicken" (item #3), "Organic Vegie Ears" (item #4), and "Organic Chewing Bones" (item #5) will be 2309.10.0090, 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, 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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