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NY F89493




July 13, 2000

CLA-2-23:RR:NC:2:231 F89493

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

Mr. George Ferre
NAZCO International, Inc.
611 Rockland Road, Suite 207
Lake Bluff, IL 60044-2000

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

Dear Mr. Ferre:

In your letter, dated July 7, 2000, you requested a classification ruling.

The merchandise, “Fat-O-Mix,” is a fat filled pre-mix used in animal feeding. It is manufactured by drying and blending dry fat onto a bovine albumin protein carrier, and vitamins and minerals onto a protein/carbohydrate carrier of the same type. The ingredients are 54 percent spray dried animal porcine fat, 26 percent spray dried coconut fat, 6 percent wheat gluten, 3 percent gelatin, 3 percent serum protein (albumin and globulins of bovine origin), 2 percent glucose, 1.5 percent amino acids, 1.41 percent formic acid, 1 percent wheat flour, 0.72 percent fumaric acid, 0.5 percent vitamin premix, 0.4 percent mineral premix, 0.2 percent lactic acid, 0.15 percent aroma premix, 0.07 percent lecithin, 0.03 percent phytase enzyme, and 0.02 percent lactase enzyme.

“Fat-O-Mix” will be sold to feed manufacturers who will use the product as an ingredient in the manufacture of dry and liquid feed formulations for cattle and pigs.

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

Accordingly, the applicable subheading for “Fat-O-Mix” 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 this product 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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