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NY 895946

March 29, 1994

CLA-2-23:S:N:N7:231 895946


TARIFF NO.: 2309.90.3110

Mrs. Ank van der Biezen
Royal Netherlands Embassy
Office of the Agricultural Counselor for the United States and Canada
4200 Linnean Avenue, N.W.
Washington, D.C.

RE: The tariff classification of a milk replacer from The Netherlands.

Dear Ms. van der Biezen:

In your letter dated March 18, 1994 you requested a tariff classification ruling.

The product is described as a milk replacer for rearing calves. Its ingredients include 81% whey powder, 15% fat (lard and coconut oil), 1% vitamin premix and 3% formic acid.

The applicable subheading for the milk replacer for calves will be 2309.90.3110, Harmonized Tariff Schedule of the United States (HTS), which provides for preparation of a kind used in animal feeding: animal feeds containing milk or milk derivatives: containing over 10 percent by weight of milk solids...milk replacer. The rate of duty will be 7.5% ad valorem.

Articles classifiable in HTS subheading 2309.90.3110 are subject to the quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.69, which limit the amount of animal feeds containing milk or milk derivatives which may be imported each year into the United States. However, under the quota subheading 9904.10.69, HTS, there is no allowance for animal feeds from The Netherlands which contain milk or milk derivatives.

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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