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NY J83876




June 24, 2003

CLA-2-10:RR:NC:2:231 J83876

CATEGORY: CLASSIFICATION

TARIFF NO.: 2302.20.0000

Mr. Robert Rogel
The Sun Valley Rice Company, LLC
P.O. Box 8
Dunnigan, CA 95937

RE: The tariff classification of rice siftings from Japan.

Dear Mr. Rogel:

In your letter, dated April 22, 2003, you requested a tariff classification ruling on a mixture of green, immature brown rice and small pieces, which appear to be a residue from a pre-milling operation.

In describing the derivation of this product, you state that, as rice is processed through the mill, “the immature (under developed small kernels) are screened, sorted and separated. This brown immature rice is generally sold as cattle feed and/or pet food in the USA.”

A sample, submitted with your inquiry, appears to be comprised of a mixture of immature brown rice kernels and about 17.7 percent of small broken pieces. There also appears to be a very small scattering of well-milled kernels present. The green, or immature, kernels are said to have passed through a 1.7 mm (0.06693 inch) sieve, which is slightly smaller than the number 6 plate used by the USDA in grading broken kernels. A “Commodity Certificate,” Form FGIS-994 (5-90), issued on the instant sample by the California Department of Food and Agriculture, graded this mixture under the US Standards for Brown Rice for Processing as a “U.S. Sample Grade Medium Grain Brown Rice for Processing.” “Sample Grade” is the grade assigned to rice that fails to meet the “United States Standards for Brown Rice for Processing (2002)” for any of Grades 1 through 5. The principal use for “Sample Grade” rice is believed to be in animal feedstuffs.

The applicable subheading for this mixture of small, immature rice and small pieces will be 2302.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Brans, sharps (middlings) and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants:Of rice. The rate of duty will be Free.

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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