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NY M87040




October 5, 2006

CLA-2-23:RR:NC:SP:231 M87040

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr. Jon Springer
Geolife LLC
517 Staudaher Street
Bozeman, MT 59715

RE: The tariff classification of liquid animal-feed supplements from Switzerland.

Dear Mr. Springer:

In your letter dated September 19, 2006, you requested a tariff classification ruling.

The items in question, identified as “liquid organic feed supplements for livestock,” are intended to strengthen the health of animals by encouraging a natural balancing of their metabolism. They will be imported and sold in dark glass bottles. Five versions will be offered, as follows:

GEOLIFE® Metabolic Balancer – Cattle
GEOLIFE® Metabolic Balancer – Pigs
GEOLIFE® Metabolic Balancer – Horses
GEOLIFE® Metabolic Balancer – Poultry
GEOLIFE® Metabolic Balancer – Fish

You state that all five of these products are composed of the same ingredients and have essentially the same percentage breakdowns by weight, with only “minute variations” among them. You list the ingredients (% by weight) as follows:

Plant extracts: echinacea, ginkgo biloba, spirulina pacifica (traces)

Vitamins: B12, H8, B6, mio-inositol, C (traces)

Minerals: iron, copper, iodine, cobalt, selenium, manganese, zinc (traces)

Bioflavonoids (traces)

Amino acids (traces)

Ocean salts, mineral salts (traces)

De-mineralized water 99.5 %
TOTAL 100 %

The applicable subheading for the above-described feed supplements 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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