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NY H88888




March 5, 2002

CLA-2-23:RR:NC:2:231 H88888

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

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

RE: The tariff classification of “VegKing,” a protein concentrate preparation used as an animal feed ingredient, from the Netherlands.

Dear Mr. Ferre:

In your letter, dated February 20, 2002, you requested a tariff classification ruling.

The merchandise, “VegKing,” is vegetable protein concentrate of a kind used in animal feeding. The primary ingredients listed include about 68.6 percent soy protein concentrate, 30 percent wheat gluten, and 1.4 percent vitamins and flavoring. An analysis, provided by the inquirer, indicates that this product contains about 70 percent protein, 11 percent ash, 5 percent moisture, 3.2 percent calcium, 3 percent fat, 2 percent lysine, 2 percent methionine and cystine, 1.3 percent fiber, 0.34 percent phosphorus, and vitamins A, C, D3, and E.

The product will be used to manufacture dry and liquid feed for bovines and porcines. Animal feed manufacturers blend amounts of “VegKing” with one or more sources of protein, fat, and feed elements. The typical protein content of the final feed product will vary between 18-26 percent, depending on the use of the final feed product. The typical fat content of the final feed product will also range between 18-26 percent, depending on the use of the final feed product.

The applicable subheading for vegetable protein concentrate of a kind used in animal feeding 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 Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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