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NY A85715



July 19, 1996

CLA-2-23:RR:NC:FC:231 A85715

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.10.0010; 2309.10.0090

Mr. Frank Fagan
Spillers Foods
St. Andrews Works
Longmoor Lane, Aintree
Liverpool L9 oEW
England

RE: The tariff classification of dog treats from the United Kingdom.

Dear Mr. Fagan:

In your letter, dated July 1, 1996, you have requested a tariff classification ruling.

The products are dog treats, put up for retail sale. The products are described thus:

1. Bonio with Marrowbone. The ingredients are cereals, derivatives of vegetable origin (marrowbone 4 percent minimum), meat and animal derivatives, oils and fats, sugars, minerals, coloring (iron oxide), and antioxidants (BHA and BHT). There are seven biscuits per package; each biscuit weighs 22 grams.

2. Shapes. Biscuits of five different blends. The ingredients are cereals (wheatmeal 10 percent in wheatmeal biscuit), derivatives of vegetable origin (charcoal minimum 4 percent in charcoal biscuit), minerals, oils and fats, meat and animal derivatives (marrowbone minimum 4 percent in marrowbone biscuit), sugars, yeasts, coloring, and antioxidants. The 20 kilogram package contains all of the aforementioned plus malt biscuits that contain malt flour (minimum 4 percent). Available in 200 gram, 300 gram, 800 gram, 2 kilogram, 6 kilogram, and 20 kilogram containers.

The applicable subheading for Bonios with Marrowbone and Shapes, shipped in retail packages, will be 2309.10.00, Harmonized Tariff Schedule of the United States (HTS), which provides preparations of a kind used in animal feeding, dog or cat food, put up for retail sale. The rate of duty will be free. Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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