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NY 812317

July 26, 1995

CLA-2-23:S:N:N7:231 812317


TARIFF NO.: 2309.90.2410; 2309.90.2810

Mr. James Meagley, Esq.
Phillips, Lytle, Hitchcock, Blaine, and Huber 3400 Marine Midland Center
Buffalo, NY 14203

RE: The tariff classification of animal feed products from Canada.

Dear Mr. Meagley:

In your letter, dated June 30, 1995, you have requested a tariff classification ruling on behalf of your client, Grober, Inc., Cambridge, Ontario.

The products are described as follows:

1. Animal feed fat preparation - consists by weight of 70 percent animal fat and 30 percent whey/whey protein concentrate. It will be used as an ingredient to make a complete animal feed consisting by weight of 60 percent whey/whey protein concentrate, 24 percent fat, 13 percent non-fat dry milk, and 3 percent vitamins/minerals.

2. animal feed premix - consists by weight of 36.5 percent whey protein concentrate, 30.5 percent soy flour, 30 percent animal fat, and 3 percent vitamins/minerals. It will be used as an ingredient to make a complete animal feed, consisting by weight of 45 percent skim milk, 30 percent whey/whey protein concentrate, 12 percent soy flour, 12 percent fat, and 1 percent vitamins/minerals.

3. milk replacer product - composition by weight is 80 percent whey/whey protein concentrate, 17 percent fat, and 3 percent vitamins/minerals. It is a complete animal feed product ready for consumption.

The applicable subheading for the animal feed fat preparation, the animal feed premix, and the milk replacer product, if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 23, will be 2309.90.2410, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, animal feeds containing milk or milk derivatives, containing over 10 percent by weight of milk solids, described in additional U.S. note 2 to chapter 23 and entered pursuant to its provisions. The general rate of duty will be 7.5 percent ad valorem. If the quantitative limits of additional U.S. note 2 to chapter 23 have been reached, the product will be classified in subheading 2309.90.2810, HTS, and the rate of duty will be 92.2 cents per kilogram, plus 7.3 percent ad valorem. In addition, products classified in subheading 2309.90.2810, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.23.01 - 9904.23.09, HTS.

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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