CLA-2 CO:R:C:F 953755 ALS
Messrs. Lee Bothamley and
Mike McKegney
House Calls Pet Food
118 S. Mitton Street
Sarnia, Ontario, Canada N7T 3C4
RE: A Herbal Supplement for Cats and Dogs Known as Hoka Mix 30
Dear Messrs. Bothamley and Mckegney:
This is response to your request for a ruling on a herbal
supplement produced in Holland, for dogs and cats.
FACTS:
The product under consideration is described an a herbal
supplement for cats and dogs consisting of natural vitamins A, K,
B1, B6, C, B2, B12, E, folic acid, B3, H(Biotin) B5(pantothenic
acid), natural minerals and trace elements: calcium, phosphor,
sodium, magnesium, zinc, manganese, chromium, potassium, selenium,
iodine, iron, copper and natural herbs; alfalfa, almond powder,
capsicum and woundwort (solidago). The supplement is sprinkled
directly on the animal's daily food. The product comes in 4 size
packages: 180 grams, 450 grams, 900 grams and the kennel package
of 5 kilograms.
ISSUE:
What is the classification of the instant product?
- 2 -
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 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.
According to literature provided with the ruling request Hoka
Mix 30 is a homeopathic or alternative medicine approach to the
prevention and treatment of various disorders in dogs and cats.
The literature indicates that the product is a biological phyto-
therapeutical food additive acting as a catalyst, without chemical
additives, which is stated to restore stomach and intestinal flora,
improve the absorption of nutrients, enhance metabolism and that
it is employed for dealing with a large number of complaints and
deficiencies in dogs and cats. While no objective evidence is
provided as to the efficacy of the product, affidavits are provided
relative thereto. We note that the product, which is sold in
various size packages, is utilized by sprinkling it directly on the
food of dogs and cats and that it is ingested when the food is
eaten. This herbal food supplement is exclusively for dogs and
cats and is not intended for human consumption. Such supplement
is classifiable under the provision for preparations used in animal
feeding.
HOLDING:
A herbal food supplement intended for dogs and cats which is
directly mixed with their food prior to ingestion by such animals
is classifiable in subheading 2309.90.9000, HTSUSA. Merchandise
so classified is subject to a general rate of duty of 3 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division