CLA-2-11:S:N:N7:231 802215
Mr. Dave Walser
Arthur J. Humphreys, Div.
P.O. Box 249
Sumas, WA 98295
RE: The tariff classification of animal feed from Canada.
Dear Mr. Walser:
In your letter, dated September 9, 1994, on behalf of your
client, Meenderinck Molasses Co., Nooksack, WA, you requested a tariff
classification ruling.
The five products are cereal grain and cereal flour that will be used to
feed dairy cattle. In your correspondance you state that the products will
have the following composition:
1. 75 percent rolled barley/25 percent rolled corn
2. 50 percent rolled barley/50 percent rolled corn
3. 75 percent rolled barley/25 percent dried beet pulp
4. 50 percent ground barley/50 percent ground corn
5. 75 percent rolled barley/25 percent whole oats
The applicable subheading for the products that are comprised of 75
percent rolled barley/25 percent rolled corn, and 75 percent rolled barley/25
percent whole oats, will be 1104.11.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for cereal grains otherwise worked (for
example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of
heading 1006; germ of cereals, whole, rolled, flaked or ground, rolled or
flaked grains, of barley. The general rate of duty will be 4.4 cents per
kilogram.
The applicable subheading for the product that is comprised of 50
percent rolled barley/50 percent rolled corn will be 1104.19.0000, HTS, which
provides for cereal grains otherwise worked (for example, hulled, rolled,
flaked, pearled, sliced or kibbled), except rice of heading 1006; germ of
cereals, whole, rolled, flaked or ground, rolled or flaked grains, of other
cereals. The general rate of duty will be 1 cent per kilogram.
The applicable subheading for the product that is comprised of 75
percent rolled barley/25 percent dried beet pulp will be 2309.90.1030 (HTS),
which provides for preparations of a kind used in animal feeding, other,
mixed feeds or mixed feed ingredients, dairy cattle feed, prepared. The rate
of duty will be free.
In order to issue a ruling on the product whose composition is 50
percent ground barley/50 percent ground corn, this office requires the
information that is indicated in Chapter 11 Notes 2 and 3, HTS. What is the
rate of passage through a sieve with an aperture of 315 micrometers
(microns)? What is the rate of passage through a sieve with an aperture of
500 micrometers (microns)?
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport