CLA-2 CO:R:C:F: 952172 ALS
Mr. R. J. Salamone
Manager, Customs
BASF Corporation
100 Cherry Hill Road
Parsippany, NJ 07054
RE: Animal Feed Premixes
Dear Mr. Salamone:
This ruling is in reference to your inquiry of June 22, 1992,
requesting a binding ruling on products identified as Calpan 80
Premix, Calpan 160 Premix and Riboflavin 60 Premix which are made
in Canada.
FACTS:
The subject products are mixtures of the following components:
Component % Amount % Weight/Pound
1. Calpan 80 Premix
Calcium Carbonate 27.0 27.4
Calcium Pantothenate 18.0 18.0
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal
or Wheat Middlings 53.0 53.1
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2. Calpan 160 Premix
Calcium Carbonate 22.0 22.4
Calcium Pantothenate 36.0 36.0
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal
or Wheat Middlings 40.0 40.1
3. Riboflavin 60 Premix
Riboflavin 14.0 17.34
Calcium Carbonate 30.0 29.85
Amorphous Silica 1.0 1.0
Mineral Oil <1.0 .50
Rice Hulls or Cob Meal
or Wheat Middlings 53.0 53.31
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 and will be blended
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."
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While the instant products contain over 6 percent by weight of
grain products (rice hulls or cob meal or wheat middlings), 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, as
suggested in the ruling request.
In considering the classification of the products we noted
that they contain nutritional supplements and a carrier (rice hulls
or cob meal or wheat middlings). 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 or they may be first mixed
with another premix and then added to the animal feed to be fed to
the animal. The distinction as to whether the products are added
directly to animal feed or first mixed with another premix is a
matter of preference of the end user and not based on the
completeness of the products. Thus, since the products contain
animal 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 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