United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0952078 - HQ 0952188 > HQ 0952172

Previous Ruling Next Ruling



HQ 952172


November 18, 1992

CLA-2 CO:R:C:F: 952172 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9000

Mr. R. J. Salamone
Manager, Customs
BASF Corporation
100 Cherry Hill Road
Parsippany, NJ 07054

RE: Animal Feed Premixes

Dear Mr. Salamone:

This ruling is in reference to your inquiry of June 22, 1992, requesting a binding ruling on products identified as Calpan 80 Premix, Calpan 160 Premix and Riboflavin 60 Premix which are made in Canada.

FACTS:

The subject products are mixtures of the following components:

Component % Amount % Weight/Pound

1. Calpan 80 Premix

Calcium Carbonate 27.0 27.4
Calcium Pantothenate 18.0 18.0
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal or Wheat Middlings 53.0 53.1

2. Calpan 160 Premix

Calcium Carbonate 22.0 22.4
Calcium Pantothenate 36.0 36.0
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal or Wheat Middlings 40.0 40.1

3. Riboflavin 60 Premix

Riboflavin 14.0 17.34
Calcium Carbonate 30.0 29.85
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal or Wheat Middlings 53.0 53.31

The importer indicated that the instant products are being specially mixed for a particular customer(s). The importer noted that the products are complete premixes and will be blended directly into general animal feed.

ISSUE:

Are the instant products preparations of a kind used in animal feeding and are they mixed feed or mixed feed ingredients?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

We first considered whether the products under consideration were mixed feed or mixed feed ingredients consisting of not less than 6 percent by weight of grain or grain products. According to Additional U.S. Note 1 to Chapter 23, HTSUSA, such term "embraces products...which are an admixture of grains (or products, including byproducts, obtained in milling grains) with molasses, oilcake, oil-cake meal or feedstuffs, and which consist of not less than 6 percent by weight of grain or grain products."

While the instant products contain over 6 percent by weight of grain products (rice hulls or cob meal or wheat middlings), they are not admixtures of grains or grain products since each of them only contains a single grain product. Accordingly, we concluded that the products are not mixed feed or mixed feed ingredients permitting classification in subheading 2309.90.1050, HTSUSA, as suggested in the ruling request.

In considering the classification of the products we noted that they contain nutritional supplements and a carrier (rice hulls or cob meal or wheat middlings). We have been advised that the products are complete products and that they may be mixed directly with animal feed and fed to the animal or they may be first mixed with another premix and then added to the animal feed to be fed to the animal. The distinction as to whether the products are added directly to animal feed or first mixed with another premix is a matter of preference of the end user and not based on the completeness of the products. Thus, since the products contain animal nutrients with a carrier and can be added directly to animal feed, we believe that it is appropriate to consider the products as animal feed premixes and preparations of a kind used in animal feeding other than mixed feed or mixed feed ingredients.

HOLDING:

Animal feed premixes which contain nutrients along with a carrier, which permit them to be added directly to animal feed, but do not contain an admixture of grains or grain products, are classifiable in subheading 2309.90.9000, HTSUSA. Such products are subject to a general rate of duty of 3 percent ad valorem.

Animal feed premixes, which are the product of Canada, in accordance with General Note 3(c)(vii), HTSUSA, are eligible for a reduced rate of duty, upon compliance with the provisions of the United States - Canada Free Trade Agreement (CFTA) and section 10.301 et seq., Customs Regulations (19 CFR 10.301 et seq.).

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: