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NY M83612




October 5, 2006

CLA-2-23:RR:NC:SP:231 M83612

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Ms. Heather Marcaccini
Cargill, Inc.
15407 McGinty Road
MS 26
Wazata, MN 55391

RE: The tariff classification of an L-Lysine Sulphate animal feed supplement from China.

Dear Ms. Marcaccini:

In your letter dated May 9, 2006, you requested a tariff classification ruling.

A sample identified as L-Lysine Sulphate was submitted for our examination and has been analyzed by the New York Customs Laboratory. The lab finds that the sample, which is in the form of tiny brown granular particles, is a mixture of L-Lysine Sulfate and other substances, including proteins, sugars, and amino acids.

You have stated that the product’s principal ingredients are L-Lysine (> 51%) and other amino acids (> 10%). You have provided the following synopsis of the manufacturing process:

The Lysine Sulphate begins as bacteria in a jar. As the bacteria grows, it is transferred to a drum and lastly to a large vat. A carbo- hydrate or sugar source is then added to help the bacteria grow more until it excretes Lysine. In regular Lysine the bacteria is killed and purify off the amino acids, sugars, etc. In the case of Lysine Sulphate, any proteins, sugars and miscellaneous amino acids are left to remain (instead of being purified off), resulting in more biomass. This is why the Lysine content in Lysine Sulphate is lower than the regular Lysine.

You also advise that the product is an amino acid supplement used as an ingredient in the production of various animal feeds. It will be packaged in either 25-kilo bags or 1-ton totes.

The applicable subheading for the above-described L-Lysine Sulphate animal feed ingredient will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) preparations of a kind used in animal feeding. The rate of duty will be 1.4%.

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 merchandise may be subject to regulations administered by the Division of Import Operations & Policy, U.S. Food and Drug Administration (FDA). You may contact that agency at 5600 Fishers Lane, Rockville, MD 20857, telephone (301) 443-6553.

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.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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