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NY C80738

October 17, 1997

CLA-2-23:RR:NC:2:231 C80738


TARIFF NO.: 2309.90.1035

Mr. Robert Cowie
572 South Fifth Street, Suite 2
P.O. Box 155
Pembina, ND 58271

RE: The tariff classification of swine feed from Canada.

Dear Mr. Cowie:

In your letter, dated October 2, 1997, you have requested a tariff classification ruling on behalf of your client, East-Man Feeds, Winnipeg, Manitoba.

The products, "Eurobase 150" and "Hot Nursery," are swine feed. "Eurobase 150" contains 30 percent Prolac (deproteinized whey powder), 15 percent herring, 10 percent wheat midds, and additional nutrients, including vitamins and minerals. "Hot Nursery" contains 25 percent herring, 15 percent wheat midds, 15 percent soy, 8 percent Prolac, and additional nutrients, including vitamins and minerals. The products will be sold to pig farmers to feed weaning pigs.

The applicable subheading for "Eurobase 150" and "Hot Nursery" will be 2309.90.1035, Harmonized Tariff Schedule of the United States (HTS), which provides preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, swine feed, prepared. 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.


Robert B. Swierupski

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