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NY K80491

November 18, 2003
CLA-2-23:RR:NC:2:231 K80491


TARIFF NO.: 2309.90.9500

Ms. Lynda Clark
UPS Supply Chain Solutions
P.O. Box 164
226 First Street
Sweet Grass, MT 59484

RE: The tariff classification of “Protein Patties,” bee feeding preparations from Canada.

Dear Ms. Clark:

In your letter, dated October 27, 2003, on behalf of your client, Global Patties, Airdrie, Alberta, you requested a tariff classification ruling.

The merchandise is comprised of food supplements, in the form of protein patties, for honeybee colonies. The protein patties are described as rectangular, one pound pancakes that are fed to honeybee colonies by beekeepers to ensure good nutrition and to stimulate growth. The products are described thus:

1. Standard patties with no pollen - item 100. The ingredients are 58 percent sugar, 23 percent soy flour, and 19 percent brewers yeast. 2. Standard patties with 4 percent pollen - item 200. The ingredients are 58 percent sugar, 19 percent soy flour, 19 percent brewers yeast, and 4 percent bee pollen. 3. Standard patties with 8 percent pollen - item 300. The ingredients are 58 percent sugar, 17 percent soy flour, 17 percent brewers yeast, and 8 percent bee pollen. 4. BeePro® patties with no pollen - item 400. The ingredients are 59 percent sugar and 41 percent BeePro®. BeePro® is a soy based pollen substitute that contains brewers yeast and vitamins. 5. BeePro® patties with no pollen - item 500. The ingredients are 59 percent sugar, 39 percent BeePro®, and 2 percent pollen.

The applicable subheading for preparations of a kind used in animal feeding (items 1-5) 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 general rate of duty will be 1.4 percent ad valorem.

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 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.


Robert B. Swierupski

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