HQ 085627: Reconsideration of NYRL 839835, classifying "Premix (K Base)"

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 085627

                        December 6, 1989

CLA-2:CO:R:C:G 085627 SER

CATEGORY: Classification

TARIFF NO.: 2309.90.9000

Mr. Harold Terpstra
Ferndale Grain Incorporated
P.O. Box 39
Ferndale, WA  98248

RE:  Reconsideration of NYRL 839835, classifying "Premix
     (K Base)"

Dear Mr. Terpstra:

     In your letter of August 14, 1989, you requested a
reconsideration of a classification decision made in New York
Ruling Letter (NYRL) 839835, dated May 4, 1989.  In Ruling
839835, Premix (K base), a vitamin/mineral supplement formulated
for animals, was classified as a medicament under subheading
3003.90.0000, HTSUSA.

     Based on a reexamination of the relevant HTSUSA provisions
and the Explanatory Notes (EN), it is apparent that the
merchandise at issue is not a medicinal preparation used in the
treatment or prevention of human or animal ailments.  Rather, the
merchandise is a dietary supplement to be ingested as a part of
animal feed for general nutritional purposes.  See EN for heading
30.03, HTSUSA.  Consequently, it is not properly classified as a
medicament under heading 3003, HTSUSA.

     Based upon information submitted and on further examination
of the relevant headings, it has been determined that the
merchandise at issue should be classified under subheading
2309.90.9000, HTSUSA, which provides for preparations of a kind
used in animal feeding: other.  The rate of duty is 3 percent ad
valorem.

     NYRL 839835 is hereby amended accordingly.


                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division