CLA-2-23:OT:RR:NC:2:231
Mr. Donald S. Simpson
Barthco
5101 South Broad Street
Philadelphia, PA 19112
RE: The tariff classification of beet-pulp pellets from China.
Dear Mr. Simpson:
In your letter dated November 5, 2008, you requested a tariff classification ruling on behalf of your client, Organique International Organic (Westmount, PQ, Canada).
A sample identified as “sugar beet pellets” was submitted for our examination. The sample pellets are dry, grayish rods having a uniform diameter of approximately ¼” and a length ranging generally from about ½” to 1½”. They are said to have been extruded from the residue (pulp) left over after the sugar has been extracted from sugar beets. No other materials have been added to the pellets, which are said to be used for animal feed.
The applicable subheading for the “sugar beet pellets” will be 2303.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … beet-pulp, bagasse and other waste of sugar manufacture … whether or not in the form of pellets … dried beet-pulp. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:
U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
Your inquiry does not provide enough information for us to give a classification ruling on animal feed corn (roasted). Your request for a classification ruling on that product should include the following:
The genus, species, and the specific variety of the corn used.
Is the indicated 180-190° roasting temperature range Fahrenheit or Celsius?
What is the duration of the roasting process?
What is the purpose of the roasting process?
When the above information is available, you may wish to consider resubmission of the roasted-corn portion of your request. If you decide to resubmit your request, please include copies of this letter and your original submission. We are retaining the samples for future reference.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nathan Rosenstein at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division