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HQ 952173

November 18, 1992

CLA-2 CO:R:C:F 952173 ALS


TARIFF NO.: 2309.90.9000

Mr. A. Tesser
Hoffmann-La Roche, Inc
340 Kingsland Street
Nutley, New Jersey 07110-1199

RE: Animal Feed Formulations from Canada

Dear Mr. Tesser:

This is reference to your request dated May 15, 1992, to our New York Seaport Area Office, requesting a classification ruling as to 3 formulations of animal feed products. Your request was referred to this office for further consideration.


The subject products are mixed in batches of approximately 4000 pounds and packaged in 50 pound bags. Each batch contains the following components:

Component Batch Equivalent Pounds

1. Dog Food Vitamin PMX 695

Vitamin A 12.2411
Vitamin D3 3.0602
Vitamin B12 7.6532
Riboflavin 3.7001
Niacin 17.9399
Pant Acid SD 20.9459
Choline 2046.3840
Folic Acid 0.4141
Thiamine Mono 4.0477

Pyridox HCL 1.7835
Biotin 15.9844
Vitamin E Adsorb 163.3932
Mic Trac F SP 8.8802
Selenium 66.6005
Calcium Carbonate 403.1640
Ground Rice Hulls 1251.8072

2. Swine Grower Micro 304

Vitamin A 152.8523
Vitamin D3 112.9179
Vitamin E SD 1380.5432
Vitamin B12 136.8220
Riboflavin 125.5911
Niacin 697.2594
Cal Dpant SD 639.4640
Menadione PB 192.0031
Endox 81.2017
Wheat Flour 541.3448

3. RMI 2-92

Vitamin A 32.4607
Vitamin D3 13.9898
Vitamin E Absorb 202.4656
Riboflavin 51.8015
Niacin 106.7425
Pant Acid SD 114.8650
Choline Chlor 402.5720
Folic Acid 10.5852
Ethoxyquin 94.1846
Biotin 1.7760
Thiamine Mono 59.1070
Pyridox HCL 15.6470
Ascorb AC CO 26.3661
Selenium 120.8577
Manganese 534.0947
Zinc 669.1103
Iron 285.8643
Copper 193.3482
Iodine 0.6042
Cobalt 1.4647
Calcium Carbonate 403.1640
Ground Rice Hulls 662.7597

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, will be blended in Canada and can be mixed directly into general animal feed.


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


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 wheat flour), 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.

In considering the classification of the products we noted that they contain vitamins and other nutritional supplements and a carrier (rice hulls or wheat flour). 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, they may be first mixed with another premix and then added to the animal feed to be fed to the animal or they may be fed directly to the animal. The distinction as to which of these procedures is
followed is a matter of preference of the end user and not based on the completeness of the products. Thus, since the products contain vitamins and 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.


Animal feed premixes which contain vitamins and 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.).


John Durant, Director
Commercial Rulings Division

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