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NY F82369




February 8, 2000

CLA-2-23:RR:NC:2:231 F82369

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr. Bruce Iorio
10 R 10 Limited
3518 South Procyon Avenue
Las Vegas, NV 89103

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

Dear Mr. Iorio:

In your letter, dated January 21, 2000, you requested a classification ruling.

The merchandise is comprised of herbal supplements for horses, and it is packed in 250 milliliter bottles. It is described thus:

1. “Energy.” The ingredients are allspice, aniseed, blackberries, buchu, cardamom, chamomile, cheveril, chili, cubebs, elecampane, fennel, fever few, garlic, ginger, goldenrod, guarana, juniper, kola nuts, mate, raspberries, Siberian gingseng, strawberries, and wine vinegar. 2. “Metabolic.” The ingredients are birch, cardamom, catnip, chickweed, chili, chamomile, dandelion, ginger, marigold, marshmallow, milk thistle, oranges, flowers, rose, savory, Siberian gingseng, and wine vinegar. 3. “Muscle Builder.” The ingredients are birch, catnip, cardamom, centaury, chamomile, dandelion, dill, ginger, juniper, bladder wrack, lemon grass, marigold, marshmallow, rose-hips, senna, star anise, Siberian gingseng, viola, walnuts, and wine vinegar. 4. “Sedative.” The ingredients are chamomile, hops, lady’s slipper, lemon grass, Passiflora, passionflower, motherwort, skullcap, valerian, wild lettuce, and wine vinegar. 5. “Heart Strengthener.” The ingredients are raspberries, garlic, vitamin C, heart ease, hawthorn, and wine vinegar. 6. “Travel Sickness.” The ingredients are catalytic extracts of Siberian gingseng, ginger, star anise, mint, “Plus Vitamin C,” “2B Complex,” and royal jelly. 7. “Tye Up.” The ingredients are catalytic extracts of milk thistle, artichokes, barberries, hawthorn, garlic, balm, violet, onions, peppers, sage, star grass, dandelion, cucumber, celery, green tea, grapes, pine bark, olives, buchu, and micro colloidal minerals.

The applicable subheading for these herbal supplements for horses (“Energy,” “Metabolic,” “Muscle Builder,” “Sedative,” “Heart Strengthener,” “Travel Sickness,” and “Tye Up”) will be 2309.90.9500, HTS, which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The rate of duty will be 1.4 percent ad valorem.

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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