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NY N015561




December 3, 2007

CLA-2-28:OT:RR:NC:N2:236

CATEGORY: CLASSIFICATION

TARIFF NO.: 2835.26.0000

Ms. Theresa Walker
Cargill
15407 McGinty Road West, MS 26
Wayzata, MN 55391

RE: The tariff classification of Biofos

Dear Ms. Walker:

In your letter dated August 6, 2007 you requested a tariff classification ruling. The sample which you submitted was forwarded to the Customs and Border Protection laboratory for analysis. The sample submitted consisted of a package of gray monocalcium phosphate pellets.

You state in your letter that Biofos will be used as an ingredient in animal feed products.

The applicable subheading for the Biofos will be 2835.26.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites), and phosphates; polyphosphates: whether or not chemically defined: Phosphates: Other phosphates of calcium. The rate of duty will be Free.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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