CLA-2-01:OT:RR:E:NC:N4:231
Ms. Noemi Veszelovszki
Sinpár sor 9
Szeged, 6729 Hungary
RE: The tariff classification of Live Horses and Animal Feed from Germany
Dear Ms. Veszelovszki:
In your letter dated April 4, 2016, you requested a tariff classification ruling.
There are two subject merchandise under review: live horses (purebred breeding horses and jumping competitive horses) and animal feed. You have stated that you intend to import a mare, gelding and a stallion all of which are older than 4 years old. Also, you will be importing animal feed which the stated ingredients are wheat fiber, soybean hull, barley flakes, puffed corn, puffed barley, cane molasses, alfalfa meal, sodium chloride, soybean oil, calcium carbonate, soybean meal, fructooligosaccharides (FOS), magnesium acetate, cupric sulfate pentahydrate, ferrous sulfate monohydrate, zinc sulfate monohydrate, manganous sulfate monohydrate, calcium iodate, sodium selenite and propyl gallate (antioxidant). The feed is specifically for competitive horses prone to excitability and nervousness. The product will be imported in 44 lbs paper sacks.
The applicable subheading for the Purebred Horse (Male) will be 0101.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Live horses, asses, mules and hinnies: Horses: Purebred breeding animals: Males. The rate of duty will be Free.
The applicable subheading for the Purebred Horse (Female) will be 0101.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Live horses, asses, mules and hinnies: Horses: Purebred breeding animals: Females. The rate of duty will be Free.
The applicable subheading for the Jumping Horse will be 0101.29.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Live horses, asses, mules and hinnies: Horses: Other: Other. The rate of duty will be Free.
The applicable subheading for the Horse Feed will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: Other: mixed feeds or mixed feed ingredients: Other. 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 https://hts.usitc.gov/current.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:
USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 851-3300
Email: [email protected]
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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
In your letter, you requested a Country of Origin determination on what we assume is the animal feed. You did not submit a sample or a photographic representation to assist with the process. However, please note that when the item is imported into the United States, the product label and all information delivered on it must be written in the English language according to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which provides in general that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134,
Additionally, you made a request in your submission for the applicability of an unspecified Free Trade Agreement to your product for preferential treatment. We are unable to make that determination since Germany is not part of any trade agreement programs.
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 Bruce N. Hadley Jr. at bruce.hadleyjr @cbp.dhs.gov.
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division