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NY R00677




August 23, 2004
CLA-2-05: RR: NC: 2:231 R00677

CATEGORY: CLASSIFICATION

TARIFF NO.: 0511.99.3060

Mr. Brandyn McPherson
Zoo Med Laboratories Inc.
3090 McMillan Rd.
San Luis Obispo, CA 93401

RE: The tariff classification of canned Crickets from Malaysia and Indonesia.

Dear Mr. McPherson:

In your letter dated August 06, 2004, you requested a tariff classification ruling.

The merchandise at issue, called “Can O’ Crickets,” part # ZM-41, consists of dead crickets, put up in cans labeled for sale as food for reptiles and birds, or as bait for fishing. The crickets will be cooked during the canning process and packaged, vacuum-sealed, in 1.2-ounce cans with release tab tops. The market for this item is said to be veterinarians, zoos and pet stores.

The applicable subheading for the “Can O’ Crickets,” will be 0511.99.3060, HTS, which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption, other, other, products chiefly used as food for animals or as ingredients in such food, other. The rate of duty will be Free.

This product may be subject to labeling requirements or other regulations administered by the U.S. 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 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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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