HQ 952173: Animal Feed Formulations from Canada

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952173

                        November 18, 1992

CLA-2 CO:R:C:F  952173  ALS

CATEGORY:  Classification

TARIFF NO.:  2309.90.9000

Mr. A. Tesser
Hoffmann-La Roche, Inc
340 Kingsland Street
Nutley, New Jersey 07110-1199

RE:  Animal Feed Formulations from Canada

Dear Mr. Tesser:

     This is reference to your request dated May 15, 1992, to our
New York Seaport Area Office, requesting a classification ruling
as to 3 formulations of animal feed products.  Your request was
referred to this office for further consideration.

FACTS:

     The subject products are mixed in batches of approximately
4000 pounds and packaged in 50 pound bags.  Each batch contains
the following components:

          Component                Batch Equivalent Pounds

          1. Dog Food Vitamin PMX 695

          Vitamin A                     12.2411
          Vitamin D3                     3.0602                  
          Vitamin B12                    7.6532        
          Riboflavin                     3.7001
          Niacin                        17.9399
          Pant Acid SD                  20.9459
          Choline                     2046.3840
          Folic Acid                     0.4141
          Thiamine Mono                  4.0477

    




                             - 2 -

          Pyridox HCL                    1.7835
          Biotin                        15.9844
          Vitamin E Adsorb             163.3932
          Mic Trac F SP                  8.8802
          Selenium                      66.6005
          Calcium Carbonate            403.1640
          Ground Rice Hulls           1251.8072
                                      4028.0000        
     
          2. Swine Grower Micro 304

          Vitamin A                    152.8523
          Vitamin D3                   112.9179
          Vitamin E SD                1380.5432
          Vitamin B12                  136.8220
          Riboflavin                   125.5911
          Niacin                       697.2594
          Cal Dpant SD                 639.4640
          Menadione PB                 192.0031
          Endox                         81.2017
          Wheat Flour                  541.3448
                                      4060.0000
                    
          3. RMI 2-92

          Vitamin A                     32.4607
          Vitamin D3                    13.9898
          Vitamin E Absorb             202.4656
          Riboflavin                    51.8015
          Niacin                       106.7425
          Pant Acid SD                 114.8650
          Choline Chlor                402.5720
          Folic Acid                    10.5852
          Ethoxyquin                    94.1846
          Biotin                         1.7760
          Thiamine Mono                 59.1070
          Pyridox HCL                   15.6470
          Ascorb AC CO                  26.3661
          Selenium                     120.8577
          Manganese                    534.0947
          Zinc                         669.1103
          Iron                         285.8643
          Copper                       193.3482
          Iodine                         0.6042
          Cobalt                         1.4647
          Calcium Carbonate            403.1640
          Ground Rice Hulls            662.7597   
                                      4028.0000
          
          




                             - 3 -


     The importer indicated that the instant products are being
specially mixed for a particular customer(s).  The importer noted
that the products are complete premixes, will be blended in Canada
and can be mixed directly into general animal feed.  

ISSUE:

     Are the instant products preparations of a kind used in animal
feeding and are they mixed feed or mixed feed ingredients?

LAW AND ANALYSIS:

     Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's) taken in order.  
GRI 1 provides that the classification is determined first in
accordance with the terms of the headings and any relative section
and chapter notes.  If GRI 1 fails to classify the goods and if the
heading and legal notes do not otherwise require, the remaining
GRI's are applied, taken in order.           

     We first considered whether the products under consideration
were mixed feed or mixed feed ingredients consisting of not less
than 6 percent by weight of grain or grain products.  According to
Additional U.S. Note 1 to Chapter 23, HTSUSA, such term "embraces
products...which are an admixture of grains (or products, including
byproducts, obtained in milling grains) with molasses, oilcake,
oil-cake meal or feedstuffs, and which consist of not less than 6
percent by weight of grain or grain products."  While the instant
products contain over 6 percent by weight of grain products (rice
hulls or wheat flour), they are not admixtures of grains or grain
products since each of them only contains a single grain product. 
Accordingly, we concluded that the products are not mixed feed or
mixed feed ingredients permitting classification in subheading
2309.90.1050, HTSUSA.

     In considering the classification of the products we noted
that they contain vitamins and other nutritional supplements and
a carrier (rice hulls or wheat flour).  We have been advised that
the products are complete products and that they may be mixed
directly with animal feed and fed to the animal, they may be first
mixed with another premix and then added to the animal feed to be
fed to the animal or they may be fed directly to the animal.  The
distinction as to which of these procedures is 







                             - 4 -

followed is a matter of preference of the end user and not based
on the completeness of the products.  Thus, since the products
contain vitamins and nutrients with a carrier and can be added
directly to animal feed, we believe that it is appropriate to
consider the products as animal feed premixes and preparations of
a kind used in animal feeding other than mixed feed or mixed feed
ingredients.

HOLDING:

     Animal feed premixes which contain vitamins and nutrients
along with a carrier, which permit them to be added directly to
animal feed, but do not contain an admixture of grains or grain
products, are classifiable in subheading 2309.90.9000, HTSUSA. 
Such products are subject to a general rate of duty of 3 percent
ad valorem.

     Animal feed premixes, which are the product of Canada, in
accordance with General Note 3(c)(vii), HTSUSA, are eligible for
a reduced rate of duty, upon compliance with the provisions of the
United States - Canada Free Trade Agreement (CFTA) and section
10.301 et seq., Customs Regulations (19 CFR 10.301 et seq.).

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division