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NY F86096




May 8, 2000

CLA-2-23:RR:NC:2:231 F86096

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

Mr. Manuel Silveira
Grober Animal Nutrition
162 Savage Drive
Cambridge, Ontario N1T 1S4
Canada

RE: The tariff classification of calf milk replacers from Canada.

Dear Mr. Silveira:

In your letter, dated April 18, 2000, you requested a classification ruling.

The submitted samples are calf milk replacers; they are used to replace milk that a young animal gets from its mother. Milk replacers are products that contain large quantities of protein, fat, lactose, vitamins, and minerals. These products contain over 10 percent by weight of milk solids (“Calf Milk Replacer 21/16” contains 44 percent whey and 32.7 percent whey protein concentrate; “Calf Milk Replacer 22/18” contains 39 percent whey and 34.9 percent whey protein concentrate). The milk replacers will be sold to major feed manufacturers or distributors that service smaller feed mills. Farmers are the end users of the products. The merchandise is described thus:

“Calf Milk Replacer 21/16.” The ingredients are 44 percent whey (of U.S. origin), 32.7 percent whey protein concentrate (U.S. origin), 15 percent animal fat (U.S. origin), 6 percent wheat gluten (U.S. origin), and 2.3 percent vitamins and minerals (U.S. origin).

“Calf Milk Replacer 22/18.” The ingredients are 39 percent whey (of U.S. origin), 34.9 percent whey protein concentrate (U.S. origin), 17.1 percent animal fat (U.S. origin), 6 percent wheat gluten (U.S. origin), and 3 percent vitamins and minerals (U.S. origin

Additional U.S. Note 1 to Chapter 23, HTS, states, “The term ‘mixed feeds and mixed-feed ingredients’ in subheading 2309.90.10 embraces products of heading 2309 which are admixtures of grains (or products, including byproducts, obtained in milling grains) with molasses, oilcake, oil-cake meal or feedstuffs, and which consist of not less than 6 percent by weight of grain or grain products.” We note that the products contain 6 percent wheat gluten (a grain byproduct), and that they meet the language articulated in Additional U.S. Note 1 to Chapter 23.

Accordingly, the applicable subheading for “Calf Milk Replacer 21/16” (item 1) and “Calf Milk Replacer 22/18” (item 2) 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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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