CLA-2-23:RR:NC:2:231 J87874

Mr. Harold Brauner
Brauner International Corporation
1 Exchange Pl., Suite 300
Jersey City, NJ 07302

RE: The tariff classification of supplemental feed preparations for horses and ponies from the United Kingdom.

Dear Mr. Brauner:

In your letter, dated August 4, 2003, you requested a tariff classification ruling, on behalf of your client, Horse Valor Ventures, Inc. of Pembroke Pines, FL.

The merchandise, complimentary feeding stuff to be added to feed for horses and ponies, is described thus:

1. “Blue Chip Dynamic” pellets in 20 kilogram bags. The ingredients are linseed exp., wheat, Lucerne meal, wheat feed, maize (non-genetically modified or non-GM), molasses, HP full fat rice bran, “Hipro” soy (non-GM), calcium carbonate, sodium chloride, monosodium glutamate (MSM), glucosamine HCl, evening primrose oil, vitamins and trace elements, yucca shidigara, “Selplex 50,” and mint. The product also contains binder, bentonite, and montmorillonite. The product is an admixture of grains that consists of over 6 percent by weight of grain or grain products.

2. “Blue Chip Original” pellets in 20 kilogram bags. The ingredients are wheat, “Hipro” soy (non-GM), maize (non-GM), wheat feed, cane molasses, full fat rice bran, micronised linseed, vegetable oil (non-GM), “Equi Sac” (dried yeast), calcium carbonate, full fat soy (non-GM), dicalcium phosphate, sodium chloride, vitamins and trace elements, and “Selplex” (selenium-yeast). The product is an admixture of grains that consists of over 6 percent by weight of grain or grain products.

3. “Blue Chip Pro” pellets in 20 kilogram bags. The ingredients are wheat, “Hipro” soy (non-GM), maize (non-GM), wheat feed, cane molasses, full fat rice bran, micronised linseed, calcium carbonate, vegetable oil (non-GM), “Equi Sac” (dried yeast), full fat soy (non-GM), “Bio-Moss,” dicalcium phosphate, “Bioplex” copper, sodium chloride, magnesium oxide, “Bioplex” iron, vitamins and trace elements, and “Selplex” (selenium-yeast). The product is an admixture of grains that consists of over 6 percent by weight of grain or grain products.

The applicable subheading for preparations of a kind used in animal feeding will be 2309.90.1045, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other livestock feed, prepared. The rate of duty will be free.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, MD 20857 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division