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NY D83838




October 30, 1998

CLA-2-23:RR:NC:2:231 D83838

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr. Bennett Johnson
Nissin Customs Service, Inc.
1580 West Carson Street
Long Beach, CA 90810

RE: The tariff classification of a preparation used in animal feeding from Japan.

Dear Mr. Johnson:

In your letter, dated October 16, 1998, you have requested a tariff classification ruling on behalf of your client, Capy USA, Inc., Torrance, CA.

The product, "Calsporin-BS," is a probiotic animal feed additive. The ingredients are 60 percent calcium carbonate, 36.8 percent fermented, dehulled soybean meal, 3.2 percent water, and Bacillus subtilis spore cells. It will be packed in five kilogram, laminated, gas barrier bags. There will be four bags per cardboard box.

During the manufacturing process, the fermentation medium (comprised of dehulled soybean meal, Bacillus subtilis starter culture, and water) undergoes blending, fermentation, drying, grinding, mixing, adjustment of cell count, measuring, packing in bags, heat sealing, and packing in cartons.

The applicable subheading for "Calsporin-BS" 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 rate of duty will be 1.9 percent ad valorem.

Additional requirements may be imposed on this product 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,

Robert B. Swierupski
Director

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