United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 HQ Rulings > HQ 966650 - HQ 966869 > HQ 966679

Previous Ruling Next Ruling
HQ 966679




September 15, 2003

CLA-2 RR:CR:GC 966679 AM

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.95

Mr. John M. Peterson
Neville Peterson LLP
80 Broad Street, 34th Floor
New York, N.Y. 10004

RE: Revocation of NY H86670; Met-Plus, a rumen protected methionine additive Dear Mr. Peterson:

This is our decision regarding your letter, dated August 11, 2003, on behalf of your client, BioZyme Inc., regarding the tariff classification, pursuant to the Harmonized Tariff Schedule of the United States (HTSUS), of Met-Plus, a rumen protected methionine additive.

Pursuant to section 625(c)(1) Tariff Act of 1930 (19 U.S.C. 1625(c)(1)) as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, (Pub. L. 103-82, 107 Stat. 2057, 2186), notice of the proposed revocation of NY H87232 was published on January 15, 2003, in the CUSTOMS BULLETIN, Volume 37, Number 30. Your favorable comment was received in response to this notice.

You also indicated that another ruling, NY H86670, dated March 18, 2002, issued to Nisso America, the former owner of the BioZyme product's rights, classified the same merchandise in the same tariff provision as did NY I83524. You suggested NY H86670 be revoked as well to avoid confusion of the matter.

FACTS:

DL-Methionine, an amino acid essential for milk production in dairy cows, has the chemical formula C5H11NO2S and is assigned the CAS number 59-51-8I. Met-Plus is a coated methionine product which increases the amount of post-ruminally available methionine in dairy cows. It is a white, fine grain mixture that consists of a minimum of 65% DL-Methionine, calcium salts of long-chain fatty acids, lauric acid and BHT as a preservative in the calcium salts.

In NY H86670, the merchandise was classified in subheading 3824.90.28, HTSUS, which provides for: "[p]repared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: [o]ther: [o]ther: [m]ixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: [o]ther."

ISSUE:

Is Met-Plus an animal feed supplement under the HTSUS?

LAW AND ANALYSIS:

Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs.

In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).

The HTSUS headings under consideration are as follows:

Preparations of a kind used in animal feeding: Other:
Other:
Other:
Other:
Other

Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other:
Other:
Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: 3824.90.28 Other

The ENs to heading 23.09, HTSUS, state, in pertinent part, as follows:

This heading covers sweetened forage and prepared animal feeding stuffs consisting of a mixture of several nutrients designed:
to provide the animal with a rational and balanced daily diet (complete feed);
to achieve a suitable daily diet by supplementing the basic farm-produced feed with organic or inorganic substances (supplementary feed); or
for use in making complete or supplementary feeds.

HQ 964600, dated June 21, 2001, relied on the EN above, requiring a prepared animal feeding product to consist of "a mixture of nutrients" for inclusion in heading 2309, HTSUS. Following the reasoning in HQ 964600, NY H86670 failed to classify the instant product as a preparation for use in animal feeding because it contained but one active ingredient, which, if imported without coating, is classified in Chapter 29. The other ingredients simply coat the active ingredient for better digestion in bovines. NY H86670 concluded that this type of coated single ingredient added to a premix was not the type of "preparation" the heading and ENs contemplated for inclusion because the ENs specifically describe preparations as those containing "a mixture of several nutrients."

We find that NY H86670 ignores the fact that the methionine, calcium long chain fatty acids and lauric acid in the instant merchandise each constitute a nutritive ingredient. Our research indicates that calcium salts of long chain fatty acids are a rumen inert fat supplement that helps provide the required energy for increased milk production, better body condition and reproductive efficiency. Lauric acid is a medium chain fatty acid that converts to monolaurin in the body, an antiviral, antibacterial and antiprotozoal monoglyceride that destroys lipid-coated cells such as herpes, cytomegaloviirus, influenza, listeria monocytogenes and giardia lanblia. Monolaurin also effects insulin secretion and can induce a proliferation of T-cells. As such, methionine, calcium salts of long chain fatty acids and lauric acid are all nutrients. Hence, Met-Plus is a mixture of several nutrients. Therefore, it is classified in subheading 2309.90.95, HTSUS, the provision for "[p]reparations of a kind used in animal feeding: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther."

HOLDING:

At GRI 1, Met-Plus is classified in subheading 2309.90.95, HTSUS, the provision for "[p]reparations of a kind used in animal feeding: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther."

EFFECT ON OTHER RULLINGS:

NY H86670 is revoked.

In accordance with 19 U.S.C. ยง1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin.

Sincerely,

Myles B. Harmon, Director

Previous Ruling Next Ruling

See also: