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HQ 083437

March 13, 1990

CLA-2 CO:R:C:G 083437 SER


TARIFF NO.: 2309.90.1020

Mr. David E. Jones
A.H. Robins Company
1405 Cummings Drive
P.O. Box 26609
Richmond, VA 23261-6609

RE: Salinomycin mycelial cake

Dear Mr. Jones:

This is in reference to your request of January 19, 1989, for clarification of the classification of salinomycin from West Germany, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The product at issue is a salinomycin mycelial cake which is a dried complete mycelium containing 20-30 percent salinomycin (an antibiotic). After importation this product is standardized to a 6.7 percent strength with additives, such as calcium carbonate, silicates and silicon dioxide. The standardized product is packaged for sale to the animal feed industry as "Biocox", a medicated premix product that is added to chicken feed for the control of coccidiosis and improved feed efficiency and weight gain.


Whether the product is an antibiotic or an animal feed preparation.


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. The Harmonized System is a complete product classification system, and the goal of the Harmonized System is to place all goods that are imported into the specific classifications. In this context the word "goods" is used in its broadest sense to include all
merchandise. The systematic detail is such that virtually all goods are classifiable by application of GRI 1, that is, according to the terms of the headings and any relative section or chapter notes.

The primary function of this product is the prevention of coccidiosis, a disease that primarily effects fowl. One possible subheading in which the product at issue, on its face, can be classified is heading 2941, HTSUS, which provides for antibiotics. The Explanatory Notes to heading 2941, HTSUSA, provide guidance for classification in this Heading. The Explanatory Notes preclude classification of products of "antibiotic preparations of a kind used in animal feeding (i.e. dried and standardized complete mycelium [Heading 2309])." The product at issue, as indicated in the literature provided with the classification request, is solely to be utilized in a chicken feed preparation and, thus, would be precluded from classification in Heading 2941, HTSUS.

Examination of Heading 2309, HTSUS, which provides for preparations of a kind used in animal feeds, would indicate that this is where the product at issue should be properly classified. The Explanatory Notes under the provision for "other animal feed preparations" indicate that these preparations, known in the trade as "premixes", are, generally speaking, compound compositions consisting of a number of substances (sometimes called additives) the nature and proportions of which vary according to the animal production required. These substances are of three types:

1 - Those which improve digestion and, more generally, ensure that the animal makes good use of the feeds and safeguard its health: vitamins or provitamins, amino- acids, antibiotics, coccidiostats, trace elements, etc.

2 - Those designed to preserve the feeding stuffs . . .

3 - Those which serve as carriers . . . .

The concentration of the substances described in the above and the nature of the carrier are determined so as to ensure, in particular, homogeneous dispersion and mixing of these substances in the compound feeds to which the preparations are added:

Provided they are of a kind used in animal feeding, this group also includes:

(a) preparations consisting of several mineral substances.

(b) products of the antibiotics manufacturing process obtained by simply drying the mass, i.e. the entire contents of the fermentation vessel (essentially mycelium, the culture medium and the antibiotic). The resulting dry substance, whether or not standardized by adding organic or inorganic substances, has an antibiotic content ranging generally between 8 percent and 16 percent and is used as basic material in preparing, in particular, "premixes".

This Heading provides the most specific description of the product at issue. Though the Explanatory Notes dictate a range of 8-16 percent on the antibiotic content of goods which are to be classified in this Heading, and the product at issue has a 20-30 percent level; the range stated is qualified by the use of the word "generally", which allows for some flexibility. "Generally", as used in this section, is descriptive rather than a limitation. Taking into consideration the fact that the product is most specifically provided for in Heading 2309, HTSUS, this is where the product is properly classified.


The product at issue salinomycin mycelial cake, an antibiotic used in animal feed, from West Germany, is properly classified in subheading 2309.90.1020, HTSUSA, which provides for preparations of a kind used in animal feeding: other: poultry feeds, prepared. The rate of duty is free.


John Durant, Director
Commercial Rulings Division

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