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NY I82324




June 18, 2002

CLA-2-35:RR:NC:2:238 I82324

CATEGORY: CLASSIFICATION

TARIFF NO.: 3507.90.7000

Edward Correia, Esq.
Latham & Watkins
555 Eleventh Street, N.W., Suite 1000
Washington, D.C. 20004-1304

RE: The tariff classification of Phytase-based enzyme preparations from Mexico

Dear Mr. Correia:

In your letter dated May 8, 2002, on behalf of your client, Diversa Corporation, you requested a tariff classification ruling.

The subject products consist of two enzyme preparations, each containing a genetically modified form of the enzyme, 6-phytase, which is produced in yeast using recombinant DNA techniques. 6-phytase is found in both plants and animals, and hydrolyses excess dietary phytic acid. One of the preparations is composed of 0.5% pure enzyme, 12.7% sodium chloride and 4.5 % sorbitol, with the remaining ingredients consisting of water, small amounts of citric acid, and fermentation-derived products. The other preparation is composed of 0.5% pure enzyme in water, with food-grade stabilizers and small amounts of citric acid and fermentation-derived products. You indicate that the subject products will be imported for use as additives in poultry and swine feeds to increase the uptake of phytate-bound phosphorus already present in the feeds, thereby decreasing the need for supplementing the animals’ diets with phosphorus. Both products will be imported in bulk form.

The applicable subheading for the subject products will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Enzymes; prepared enzymes not elsewhere specified or included: Other: Other.” The general rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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