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NY F87646




June 15, 2000

CLA-2-23:RR:NC:2:231 F87646

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

Mr. Gert Mulderij
Schils B.V.
P.O. Box 435
6130 AK Sittard
The Netherlands

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

Dear Mr. Mulderij:

In your letter, dated May 22, 2000, you requested a classification ruling.

The merchandise is described thus:

Mixed Feed Ingredient. The ingredients are 70 percent whey protein concentrate, 12 percent wheat protein concentrate, 8 percent wheat flour (obtained by milling of soft wheat), 7 percent vitamin and mineral premix, and 3 percent fat and emulsifier. Mixed Feed Ingredient. The ingredients are 46 percent fat filled delactosed whey, 22 percent fat blend (comprised of 40 percent lard, 40 percent tallow, and 20 percent coconut oil), 13 percent wheat flour (obtained by milling of soft wheat), 10 percent whey protein concentrate, 6 percent emulsifier, and 3 percent vitamin and mineral premix.

The products are manufactured by mixing their various ingredients in a dry blending facility. They will be used to produce animal feed.

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 over 6 percent milled grain product, and that they meet the language articulated in Additional U.S. Note 1 to Chapter 23.

Accordingly, the applicable subheading for the mixed feed ingredients (items 1 and 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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