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NY 806518

March 1, 1995

CLA-2-23:S:N:N7:231 806518


TARIFF NO.: 2309.90.9095

Ms. Lynda L. Schwab
Racing Pigeon Bulletin Supplies
34 East Franklin Street
Bellbrook, OH 45305

RE: The tariff classification of various vitamin/mineral supplements and probiotics for cage birds from England.

Dear Ms. Schwab:

In your letter dated January 25, 1995 you requested a tariff classification ruling.

The products in question are described as follows:

A) Progem-plus: a powdered compound to containing Allicin, Lactic Acid Bacteria (a beneficial bacteria), vitamins, amino acids and trace nutrients in a water soluble form.

B) Breathe-ezz: a liquid compound to promote a healthy respiratory system in pigeons.

The applicable subheading for the Progem-plus will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations of a kind used in animal feeding: other: other: other: other: other:. The duty rate will be 2.7 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling for the Breathe-ezz. Your request for a classification ruling should include the following information:

A) What condition(s) [or illnesses, or diseases], specifically, has the product been formulated to treat or prevent?

B) What is the role, or effect, of each ingredient in the product?

C) How does this product function, given the fact that it is taken and swallowed with the birds' drinking water but has its efficacious effect in the birds nostrils?

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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