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NY R01889




June 6, 2005

CLA-2-23: RR: NC: 2:231 R01889

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.2490; 2309.90.2890

Ms. Catherine M. Carney
The Hipage Company Incorporated
227 E. Plume Street
Norfolk, VA 23510

RE: The tariff classification of a feed additive for young bovine stock from Canada.

Dear Ms. Carney:

In your letter dated May 03, 2005, on behalf of your client LaBudde Group Inc., you requested a tariff classification ruling.

The merchandise, “CPRO-2510,” is a feed blend product that will be used as a nutritional feed additive for young bovine stock. The product is said to contain over 10 percent maltodextrin, a small amount of lactose and the balance, non-fat skim milk. The product will be packaged in 25-kilogram multi-walled paper bags.

You describe the maltodextrin ingredient as “a grain product,” or “corn byproduct,”–presumably, for consideration of this product as a “mixed feed or mixed-feed ingredient.” We disagree. Additional U.S. note 1 to chapter 23 describes such products as “products, including byproducts, obtained in milling grains.” Maltodextrin is neither a product nor a byproduct obtained in milling grains. Rather, it is the product obtained from starch by hydrolysis, usually with acids or enzymes. Byproducts obtained in the milling of grains would include milling byproducts, such as the bran and germ of the grain.

The applicable subheading for “CPRO-2510,” 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.

The applicable subheading for “CPRO-2510,” 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.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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