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NY I83325




June 19, 2002

CLA-2-05:RR:NC:2:231 I83325

CATEGORY: CLASSIFICATION

TARIFF NO.: 0511.91.0000

Mr. David Pentland
Carson Custom Brokers (USA), Inc.
P.O. Box 653
Blaine, WA 98231

RE: The tariff classification of dried and rolled fish skin snacks for dogs from Canada.

Dear Mr. Pentland:

In your letter, dated June 5, 2002, you requested a tariff classification ruling on behalf of your client, Canadian Holistic Pet Care Company Limited, Maple Ridge, British Columbia.

The merchandise is comprised of “Snack 21” brand “Salmon Skin Rolls” for dogs. The product is described as dried, rolled salmon fish skin that is unfit for human consumption. It is comprised of 100 percent salmon skin (with no additives). There are 50 individually wrapped chews per case.

In your correspondence you inquire as to whether this product is classifiable in Heading 2309, HTS, as a preparation of a kind used in animal feeding. Heading 2309 covers sweetened forage and prepared animal feeding stuffs that consist of a mixture of several nutrients. The merchandise at issue is not a mixture of several nutrients, and hence, classification in Heading 2309 is statutorily excluded.

Accordingly, the applicable subheading for dried and rolled fish skin snacks for dogs will be 0511.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption, other, products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of chapter 3. The rate of duty will be free.

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 Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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 Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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