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NY M83089




May 26, 2006

CLA-2-39:RR:NC:SP:237 M83089

CATEGORY: CLASSIFICATION

TARIFF NO.: 3913.90.2000

Mr. Steve Gunther
Stonepath Logistics
980 Lone Oak Road, Suite 134
Eagan, MN 55121

RE: The tariff classification of beta glucan powder from Brazil.

Dear Mr. Gunther:

In your letter dated April 25, 2006, you requested a tariff classification ruling on behalf of Ralco Nutrition, Inc. (Marshall, MN). The ruling was requested on four items described as by-products of an ethanol manufacturing process that employs sugar-cane molasses and yeast. All four of the by-products in question are said to be intended for use in the manufacture of animal feed.

The first item, a sample of which was submitted, is identified as beta glucan. It is a fine beige powder said to be derived from surplus yeast generated by the aforementioned ethanol-making process.

The applicable subheading for the beta glucan powder in bulk form will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers and modified natural polymers, not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives. The duty rate will be 5.8%.

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/.

Articles classifiable under subheading 3913.90.2000, HTSUS, which are products of Brazil may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Your inquiry does not provide sufficient information for us to rule on the remaining three items, which are identified, respectively, as “yeast cell wall,” “enzyme enhanced yeast,” and “dried molasses.” If you wish to pursue a ruling on these products, please provide the additional information indicated below.

For the “yeast cell wall” and the “enzyme enhanced yeast,” submit a complete, detailed description and/or flow chart indicating the step-by-step derivation of each of these products. Specific methodologies should be identified. Also, give details on the method and purpose/function of each product’s use following importation.

For the “dried molasses,” describe fully the process by which the original sugar-cane molasses was made. Describe fully the process of how the instant “dried molasses” is then obtained. Provide the sugar content and the reducing sugar content. State the percentage of non-sugar solids in the total soluble solids. Give details on the method and purpose/function of use following importation.

Your samples are being returned to you for your future reference and/or possible resubmission to this office.

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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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