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HQ 953829

July 26, 1993

CLA-2 CO:R:C:F 953829 JGH


TARIFF NO.: 2936.90.000

Lawrence D. Blume, Esq.
Graham & James
2000 M St. N.W.
Suite 700
Washington, D.C. 20036-3113

RE: Classification of Vitamins Used in Animal Feed - Reconsideration of New York Ruling Letter (NYRL) 839134

Dear Mr. Blume:

Your letter of April 5, 1993, in behalf of Rhone-Poulenc Inc., concerns the classification in the Harmonized Tariff Schedule of the United States (HTSUS) of certain vitamins, from France, used in animal feeds. NYRL 839134, dated April 27, 1989, classified Microvit AD3 Supra 650/325 as medicaments in subheading 3003.90.000, HTSUS.


Microvit AD3 Supra is described as a powder form of combined vitamin A and vitamin D3; they are said to be uniformly shaped, completely digestible coated spheres of droplets of vitamin A acetate and vitamin D3, developed for animal feed applications. Listed are Microvit AD3 Supra 650/325 and Microvit AD3 Supra 500/100. In addition to the vitamin content these products contain as a "coating" gelatin and lactose to provide stability and protection from air, light, humidity and temperature; with BHT as an anti-oxidizer, and water. These added ingredients are not nutrients but act as anticaking and stabilizing agents.


Classification in the HTSUS of vitamin microsphere powders coated with anti-caking and stabilizing agents.


In the earlier ruling, NYRL 839134, the vitamins because of their coatings were considered as finished products, prepared for a specific use. However, the Explanatory Notes to heading 2936 were revised, effective February 1992, to allow vitamins classifiable in that heading to be treated with anti-oxidants, anti-caking agents, and coated with appropriate substances (e.g., gelatin, waxes or fats); provided that the quantity added in the processing in no case exceeds that necessary for their preservation or transport and that the addition or processing does not alter the character or the basic product and render it particularly suitable for specific use rather than general use.

The vitamins are sold to premixers who blend the vitamins with minerals, amino acids, growth promoters and other nutrients; then the premixes are sold to feed manufacturers who use the premix as an ingredient in a final feed formula, which may contain soya, cereal, molasses and fat. The vitamin product is said to amount to 0.0002 per pound in the finished feed. Based on the processing described it is believed that the vitamin products' "coating" is within the product description of the Explanatory Notes.


The Microvit AD3 products described above (Supra 650/325 and 500/100) are classifiable under the provision for other provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent, in subheading 2936.90.0000, HTSUS. The rate of duty is 4 percent ad valorem.

NYRL 839134 is revoked.


John Durant, Director

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