us-cbp-cross-rulings-hq-952173•HQ 952173: Animal Feed Formulations from Canada
HQ 952173: Animal Feed Formulations from Canada
us-cbp-cross-rulings-hq-952173HQ 952173: Animal Feed Formulations from CanadaGuidance
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
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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
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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
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