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NY R00328




May 17, 2004
CLA-2-30R:NC:2:238 R00328

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.10.0190

Mr. James Reynolds
John A. Steer Co.
28 S. 2nd Street
Phhiladelphia, PA 19106

RE: The tariff classification of Hemoglobin Powder from Germany

Dear Mr. Reynolds:

In your letter dated April 30, 2004, on behalf of your client, APM Meats, Inc., you requested a tariff classification ruling.

According to your letter, the subject product, Hemoglobin Powder, consists of hemoglobin collected from fresh pork blood, from animals slaughtered at EU-approved slaughterhouses under veterinarian control. After collection, the hemoglobin is spray dried at a low temperature, in accordance with the EU regulation for animal proteins, and put up packed in 25 kg bags. The product specification sheet you submitted indicates that the hemoglobin powder is used, among other things, as an ingredient in the manufacture of pet food and fishfeed.

The applicable subheading for the subject product will be 3002.10.0190, Harmonized Tariff Schedule of the United States (HTS), which provides for “Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes Other.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

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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