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NY R01185




January 6, 2005

CLA-2-23: RR: NC: SP: 231 R01185

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr. Desmond Peck
Animal Performance Enhancing Products Pty Ltd. Units 1 & 2, 12 Watervale Drive
P.O. Box 8 Enfield Plaza
Greenfields, South Australia 5058

RE: The tariff classification of animal supplements from Australia.

Dear Mr. Peck:

In your letter dated December 12, 2004, you requested a tariff classification ruling.

The two products are described as follows:

Product # 1 “Starter Supplement,” is a natural product used for the prevention of “scours” and to control older animal infections. The inactive ingredients are 38 percent yeast, 49 percent probiotics, 8 percent oligosaccharide and 5 percent garlic. The product will be sold in 3 kg tubs or 20 kg bags.

Product # 2 “Farmer Peck’s Yeast Supa Microbial Enzyme Supplement,” is a natural product used to aid digestion in dairy cows and feedlot cattle. The inactive ingredients are 96.8 percent yeast, 1.6 percent probiotics, 0.5 percent oligosaccharide and 0.1 percent garlic. The product will be sold in 20 kg bags. You indicate that both of these products are primarily used for dairy, cattle, sheep and pig industry. You also indicate that these products have further applications with equine, poultry and domesticated pets.

The applicable subheading for the Starter Supplement and Farmer Peck’s Yeast Supa Microbial Enzyme Supplement will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The rate of duty will be 1.4 percent ad valorem.

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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