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NY R00744




September 9, 2004

CLA-2-05: RR: NC: SP: 231 R00744

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 bottled Krill.

Dear Mr. McPherson:

In your letter dated August 24, 2004, you requested a tariff classification ruling.

The merchandise at issue, called “Turtle Treat,” part # ZM-59 consists of dead whole krill (euphausia pacifica), put up in bottles labeled for sale as food for all types of aquatic turtles, semi-aquatic Asia Box turtles and American Box turtles. The krill will be freeze-dried, then packaged in clear 0.5 oz. round plastic bottles with screw top lids. The market for this item is said to be veterinarians, zoos and pet stores.

The applicable subheading for the “Turtle Treat,” 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.

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 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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