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NY M80502




March 8, 2006

CLA-2-23: RR: NC: SP: 231 M80502

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.1050

Ms. Pam Brown
Future Forwarding
5356 Georgia Highway 85, Suite 400
Forest Park, GA 30207

RE: The tariff classification of bird suet from England.

Dear Ms. Brown:

In your letter dated February 03, 2006, on behalf of your client Gardman USA, Inc. you requested a tariff classification ruling.

The merchandise, “Fat Snax,” is a “ball shaped” suet preparation that is used as an additional food source for wild birds. The ingredients include 55 percent cereals (wheat, oats, etc.), with the balance consisting of suet (rendered beef), sunflower seeds and minerals. The net weight of each suet ball is 0.09 kilograms (kg.).

Item A04072, “Fat Snax Display Box,” consists of 48 individual packages per display. Each item (suet ball) has a net weight of 0.09 kg. and is packaged in a heat sealed plastic bag. Item A04076, “Fat Snax,” is a pack of 4 balls (net weight 0.39 kg.) that is packaged in a heat sealed plastic bag. Item A04077, “Fat Snax,” is a pack of 6 balls (net weight 0.59 kg.) that is packaged in a heat sealed plastic bag. Item A04078, “Fat Snax,” consists of 12 balls; each wrapped in its own mesh bag for hanging and 1 hanger. The item has a net weight of 1.2 kgs. and packaged in a heat sealed plastic bag. Item A04074, “Fat Snax 25 Value Pack,” is a bag of 25 balls (net weight of 2.4 kgs.) that is packaged in a heat sealed plastic bag. Item A04186, “Fat Snax,” consists of 50 balls (net weight 5.1 kgs.) in a plastic re-sealable carry tub. Item A04188, “Fat Snax 75 Value Pack,” consists of 75 balls (net weight 7.1 kgs.) in a plastic re-sealable carry tub.

These suet balls, containing not less than 6 percent by weight of grains and mixed with other feedstuff ingredients, would fall within the scope of the term “mixed feeds and mixed-feed ingredients,” as defined in additional U.S. note 1 of Chapter 23, and provided for in subheading 2309.90.10, HTSUS.

The applicable subheading for “Fat Snax Suet Balls” items A04072, A04076, A04077, A04078, A04074, A04186, and A04188 will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding, other, mixed feeds and mixed feed ingredients, other. The rate of duty will be Free.

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.

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

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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