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NY N003202




January 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr. Dave Shi
Profood International Inc.
40 Shuman Blvd. (Suite 160)
Naperville, IL 60563

RE: The tariff classification of a glutamic acid fermentation bio-cell mass from China.

Dear Mr. Shi:

In your letter dated October 31, 2006 you requested a tariff classification ruling.

The submitted sample labeled “Bio-Cell Mass from Glutamic Acid Fermentation” was forwarded to the U.S. Customs laboratory for analysis. Laboratory analysis determined that the light brown granular powder product contained 74.5 percent proteins, 10.4 percent moisture, 7.08 percent oil, 1.91 percent ash and carbohydrates (sugars). The product does not contain any grains or by products of grains and will be used as a protein nutrient (used at the rate of 0.5 – 5.0 percent depending on the application) in the production of animal feeds. It will be packaged in 25-kilogram (net weight) plastic bags.

The applicable subheading for the above-described “Bio-Cell Mass from Glutamic Acid Fermentation” animal feed protein nutrient will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other (non-enumerated) preparations of a kind used in animal feed. The rate of duty will be 1.4%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to regulations administered by the Division of Import Operations & Policy, U.S. Food and Drug Administration (FDA). You may contact that agency at 5600 Fishers Lane, Rockville, MD 20857, telephone (301) 443-6553.

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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