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NY L87489

September 14, 2005

CLA-2-23:RR:NC:2:231 L87489


TARIFF NO.: 2309.90.1050

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a beta-carotene powder preparation used in animal feeding from China. Correction to Ruling Number L86133.

Dear Mr. Hoffacker:

This replaces Ruling Number L86133, dated August 03, 2005, issued to you on behalf of your client, China Vitamins LLC. That ruling contained a clerical error. The product described in the ruling letter was stated to contain not less than 6 percent by weight of cornstarch, a byproduct obtained in the milling of grains. Therefore, the product meets the requirements for “mixed feed and mixed-feed ingredients” as defined in additional U.S. note 1 to chapter 23. A complete corrected ruling follows.

The merchandise, “10 percent Beta-Carotene Powder,” is a nutrient powder preparation that is used as an ingredient in pet food. The ingredients listed include 10 – 12 percent beta-carotene, 30 percent gelatin, 25 percent sugar, 20 percent cornstarch, 5 percent glycerin, 5 percent water and 3 percent antioxidant.

The applicable subheading for “10 percent Beta-Carotene Powder” will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds and mixed feed ingredients, other. The rate of duty will be Free.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 C.F.R. 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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