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NY L88707

November 17, 2005

CLA-2-17: RR: NC: SP: 231 L88707


TARIFF NO.: 1701.99.1090; 1701.99.5090; 2308.00.9890

Ms. Tammy Simoneau
Norman G. Jensen, Inc.
395 Caswell Ave.
Derby Line, VT 05830

RE: The tariff classification of three bird feeds from Canada.

Dear Ms. Simoneau:

In your letter dated October 28, 2005, on behalf of your client Prorec, you requested a tariff classification ruling.

All of the merchandise in question will be sold in tote bags of one metric ton or in bags of 25 or 45 kilograms and are described as follows:

Sample # 1, designated “Prosweet Animal Feed” (product # 50) is comprised of Sucrose (saccharose) and “bakery waste.”

Sample # 2, designated “Pursweet Animal Feed” (product # 51) is comprised of sugar crystal obtained by refining. It is understood that the sugar has a polarity of not less than 99.5 degrees.

Sample # 3, designated “Proheart Animal Feed” (product # 7) is comprised of peanut hearts that have been mechanically separated.

The applicable subheading for the “Pursweet Animal Feed” (product # 51, refined sugar), if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.99.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Other: OtherOther. The general rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.99.5090, HTS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.99.5090, HTS, which originate in countries other than Canada, Mexico, Jordan, Singapore, Chile or Australia, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for “Proheart Animal Feed” (product # 7, peanut hearts) will be 2308.00.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable materials and vegetable waste, vegetable residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: other: other. The rate of duty will be 1.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the “Prosweet Animal Feed” (product # 50, sucrose and bakery waste). Your request for a classification ruling should include a component breakdown by weight of the actual ingredients (bakery waste) and the percentage of sucrose (saccharose) in the animal feed. Also, please identify what, specifically, constitutes the bakery waste in this product, e.g. are these floor sweepings of flours or mixes, unsold baked goods, etc. When this information is available, you may wish to consider resubmission of your request.

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.

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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