CLA-2 CO:R:C:F: 952338 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 29, 1992,
requesting a binding ruling on a product identified as Premix 50R
which is made in Canada.
FACTS:
The subject product is mixture of the following components:
Component Percent Weight/Pound
Riboflavin 62.50
L-Lysine .07
Amorphous Silica 1.00
Mineral Oil .50
Calcium Carbonate 17.50
Rice Hulls or Cob Meal 18.43
The importer indicated that the instant product is being
specially mixed for a particular customer. The importer, however,
noted that the product is a complete premix and that it can be used
directly in general animal feed. While the end user intends to mix
the instant product with another premix before it
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is mixed with the animal feed, this is done at the option of the
end user and is not a requisite for use of the product.
ISSUE:
Is the instant product a preparation of a kind used in animal
feeding and is it a mixed feed or mixed feed ingredient?
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 feeds 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
product contains over 6 percent by weight of grain products (rice
hulls or cob meal), it is not an admixture of grains or grain
products since it only contains a single grain product.
Accordingly, we concluded that the product is not a mixed feed or
mixed feed ingredient permitting classification in subheading
2309.90.1050, HTSUSA, as suggested in the ruling request.
In considering the classification of the product we noted that
it contains nutritional supplements and a carrier (rice hulls or
cob meal). Although the original ruling request indicated that the
product must first be added to a premix and then to the animal
feed, subsequent information indicates that the product can be
added directly to animal feed. Information provided to us
subsequent to the ruling request indicates that while the end user
of the subject product intends to first mix the product with a
vitamin premix and then mix it with animal feed, this two step
approach is not necessary. We have been
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advised that the product is a complete product and that it may be
mixed directly with animal feed and fed to the animal or it 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 product
is 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 product. Thus, since the product contains
animal nutrients with a carrier and can be added directly to animal
feed, we believe that it is appropriate to consider the product as
an animal feed premix and a preparation of a kind used in animal
feeding other than mixed feeds or mixed feed ingredients.
HOLDING:
An animal feed premix which contain nutrients along with a
carrier, which permits it to be added directly to animal feed, but
does not contain an admixture of grains or grain products, is
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, are,
in accordance with General Note 3(c)(vii), HTSUSA, 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