HQ 951280: Classification of pet food containing tuna

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 951280
                             July 7, 1992


CLA-2 CO:R:C:F 951280  JGH

CATEGORY: Classification

TARIFF NO.:  2309.10.00

Mr. P. Araujo
BACO Customhouse Brokers, Inc.
610 Customs Drive
P.O. Box 9705
El Paso, Texas  79987-0705

RE:  Classification of pet food containing tuna

Dear Mr. Araujo:

      Your letter of February 26, 1992, concerns the tariff
classification under the Harmonized Tariff Schedule of the United
States (HTSUS) of a pet food from Mexico.

FACTS:

     The products are described as pet foods which would consist
of Mexican tuna and tuna by products.  Other flavors would
include Tuna and Chicken, Tuna and Egg, Seafood Medley, Tuna
Chunks, Tuna-Lamb-Rice, Chicken and Tuna and liver.  The basic
canned products are described as being extruded, semi-moist,
soft, chewy and dry.

ISSUE:

     Classification of pet food containing Mexican tuna

LAW AND ANALYSIS:

     The Explanatory Notes to the HTSUS provide an explanation of
the various provisions at the international level. For heading
2309, "Preparations of a Kind used in Animal Feeding," included
are preparations for cats, dogs, etc., consisting of a mixture
of meat, meat offal, and other ingredients, put up in airtight
containers and containing approximately the quantity required
for one feed.

                              - 2 -

     In addition considering the contents of these preparations,
they may be subject to certain import regulations.  It is
suggested, therefore, that you contact:

     National Oceanic and Atmospheric Administration
     National Marine Fisheries Service
     501 West Ocean Blvd. Suite 4200
     Long Beach, California    90802

Phone Contact : Steve Thompson or E.C. Fullerton
                (310) 980-4000

HOLDING:

      The canned pet food described above, if put up for retail
sale, is classifiable as dog or cat food put up for retail sale
in air tight cans in subheading 2309.10.00, HTSUS.  If not in
retail size cans, it would be classifiable in subheading
2309.90.10, HTSUS.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division