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NY 854467

August 1, 1990



TARIFF NO.: 2309.90.9000

Mr. Stuart M. Pape
Patton, Boggs & Blow
2550 M Street, N.W.
Washington, D.C. 20037

RE: The tariff classification of Fructooligosaccharide (sugar compound) from Canada.

Dear Mr. Pape:

In your letter dated July 10, 1990, on behalf of Coors BioTech, Inc., 12200 North Pecos Street, Westminster, Colorado you requested a tariff classification ruling.

The product at issue is a variable mixture of three fructooligo- saccharides which are saccharide polymers comprised of a single glucose molecule to which one, two, or three fructose units have been linked in an enzyme-catalyzed reaction. It will be sold to the animal feed industry as "FOS" and "FOS-P". Both products are added to chicken feed to improve feed utilization. These products are said to improve the activity of benign intestinal flora and may have some fiberlike properties. They are also said to be effective in the reduction of incidence and level of salmonella infections in broilers when included in the feed of the animals.

The applicable subheading for these products,"FOS" and "FOS- P", will be 2309.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding: other: other. The rate of duty will be 3 percent ad valorem.

Goods classifiable under subheading 2309.90.9000, HTS, which have originated in the territory of Canada, will be entitled to a free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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