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NY N022678

February 12, 2008



TARIFF NO.: 2309.90.1050

Mr. Manuel Silveira
Grober Inc.
415 Dobbie Drive
Cambridge, ON N1T 1S9

RE: The tariff classification of “milk replacers” for use in feeding calves, from Canada.

Dear Mr. Silveira:

In your letters dated November 20, 2007 and January 28, 2008, you requested a tariff classification ruling.

Samples and ingredient breakdowns representing two kinds of powdered “milk replacer” mixes were submitted for our review. Each product is intended to be mixed with water and fed to a calf to replace the milk that the young animal would get from its mother. (Commercial considerations or livestock rearing problems often preclude the use of the milk from the mother.) Milk replacers are rich in protein, fat, lactose, vitamins and minerals. These products will be sold to major feed manufacturers or distributors that service smaller feed mills. Farmers are the end users.

The first sample is a yellowish-white powder identified as “Calf Finisher Ration 18/18.” It is said to consist of 48% whey, 20.5% animal fats, 18% skim milk powder, 6% wheat gluten, 3% vitamins and minerals, 2.5% whey protein concentrate, 1% soy protein, 0.5% wheat flour and 0.5% wheat starch.

The second sample is a yellowish-white powder identified as “Calf Starter Ration 21/17.” It is said to consist of 41% whey protein concentrate, 34% whey, 16% animal fats, 6% wheat gluten, 2.6% vitamins and minerals, 0.2% wheat flour and 0.2% wheat starch.

The applicable subheading for the “Calf Finisher Ration 18/18” and the “Calf Starter Ration 21/17” will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: other: mixed feeds or mixed feed ingredients: other. 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 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.

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.


Robert B. Swierupski

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