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NY I83324




July 11, 2002

CLA-2-23:RR:NC:2:231 I83324

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.10.0010; 2309.10.0090; 2309.90.9500

Mr. David Pentland
Carson Custom Brokers (USA), Inc.
P.O. Box 653
Blaine, WA 98231

RE: The tariff classification of dog biscuits and preparations of a kind used in animal feeding from Canada.

Dear Mr. Pentland:

In your letter, dated June 5, 2002, you requested a tariff classification ruling on behalf of your client, Canadian Holistic Pet Care Company Limited, Maple Ridge, British Columbia.

The merchandise is described thus:

“Esperanza” brand “Super Arthritic Formula” is a feed additive, in powder form, for dogs and cats. The ingredients are 50 percent shark cartilage, 20 percent glucosamine hydrochloride (glucosamine HCl), 20 percent methylsulfonylmethane (MSM), 5 percent kelp, and 5 percent alfalfa. The product is available in 76, 200, and 350 gram jars. “Esperanza” brand “Vita-Sea Vitality from the Sea” is a feed additive for dogs and cats. The ingredients are North Atlantic kelp, alfalfa, and oyster shell. The product is packaged for retail sale in a plastic jar. The net weight is 350 grams. “Esperanza” brand “Shark Cartilage and Kelp Dog Biscuits” consist of dog biscuits that are packaged for retail sale. The ingredients are rye flour, barley flour, carrots, rice, oats, tomato paste, black strap molasses, shark cartilage, kelp, garlic, parsley, and glucosamine HCl. The dog biscuits contain, by weight, 43.8 percent light rye flour, 14.6 percent barley flour, and 0.068 percent oats (large flake). The product is available in 200 and 500 gram bags.

The applicable subheading for “Super Arthritic Formula” (item 1) and “Vita-Sea Vitality from the Sea” (item 2) will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The general rate of duty will be 1.4 percent ad valorem.

The applicable subheading for “Shark Cartilage and Kelp Dog Biscuits” (item 3), if in airtight containers, will be 2309.10.0010, HTS, which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, in airtight containers. The rate of duty will be free.

The applicable subheading for “Shark Cartilage and Kelp Dog Biscuits” (item 3), if not in airtight containers, will be 2309.10.0090, HTS, which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, 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 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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