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NY K81863

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December 17, 2003
CLA-2-23:RR:NC:2:231 K81863

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.2490; 2309.90.2890

Mr. Graeme Honeyfield
Glinso Foods, LLC
3554 Round Barn Boulevard, Suite 310
Santa Rosa, CA 95403

RE: The tariff classification of a powdered colostrum blend for horses from New Zealand.

Dear Mr. Honeyfield:

In your letter, dated December 4, 2003, you requested a tariff classification ruling.

The merchandise, “ImmunoMax,” is a colostrum based, powdered blend that will be used as a nutritional supplement for horses. The ingredients are 50 percent bovine colostrum, 20-25 percent herbs, and 25-30 percent vitamins and amino acids. On an analytical basis, the product contains 44-48 percent protein, 38-43 percent carbohydrates, 5-6 percent ash, and 3-4.5 percent moisture. It will be packed in jars or bags of 250 grams and 500 grams.

The applicable subheading for the powdered colostrum blend for horses, if entered under quota, will be 2309.90.2490, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, animal feeds containing milk or milk derivatives, containing over 10 percent by weight of milk solids, described in additional U.S. note 2 to chapter 23 and entered pursuant to its provisions. The rate of duty will be 7.5 percent ad valorem. In 2004 the rate of duty will remain the same.

The applicable subheading the powdered colostrum blend for horses, if entered after the quota has filled, will be 2309.90.2890, HTS, which provides for preparations of a kind used in animal feeding, other, other, animal feeds containing milk or milk derivatives, containing over 10 percent by weight of milk solids, other, other. The rate of duty will be 80.4 cents per kilogram, plus 6.4 percent ad valorem. In 2004 the rate of duty will remain the same. In addition, products classified in subheading 2309.90.2890, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.23.01 – 9904.23.09.

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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See also:

• Tariff No.: 2309.90.24 - Animal feeds w/milk or milk derivatives, o/10% by wt of milk solids, subject to add note 2 to Ch. 23, not GN15
• Tariff No.: 2309.90.28 - Animal feeds w/milk or milk derivatives, o/10% by wt of milk solids, not subject to gen note 15 or add note 2 to Ch. 23
• Tariff No.: 9904.23.01 - Animal feed containing milk or milk derivatives, in 2309.90.28 & 2309.90.48, entered in value safeguard period, under $0.25/kg
• Tariff No.: 9904.23.09 - Animal feed containing milk or milk derivatives, in 2309.90.28 & 2309.90.48, entered in quantity safeguard period