CLA-2-23:OT:RR:NC:N2:231
Mr. Nick Buyse
HB Trading LLC
PO Box 506
Uwchland, PA 19480
RE: The tariff classification of the Animal Feed from Germany
Dear Mr. Buyse:
In your letter dated June 4, 2020, you requested a tariff classification ruling. You submitted an ingredients breakdown, manufacturing process flow chart and pictorial representations of the product.
The subject merchandise is Animat F composed of 99 percent partly delactosed sweet whey powder and 1 percent vegetable fat (80 percent palm oil, 20 percent coconut oil). According to the manufacturing flowchart submitted, the above-stated ingredients are pasteurized, concentrated, crystallized, decanted, centrifuged, dried, sieved and packed. You state that the non-fat milk solid content of the product is 93.5 percent by weight. The product, which is used as a compound feed and milk replacer for calves, lambs, and piglets, will be imported in bags with a net weight of 25 kilograms and 1metric tonne, respectively.
In your letter, you suggested classification for the product under subheading 2309.90.1032, 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 cattle feed, prepared”. We disagree. The product at issue does not contain grain or grain products therefore it falls outside the scope of subheading 2309.90.10, HTSUS. The product will be classified elsewhere.
The applicable subheading for Animat F, if entered under quota, will be 2309.90.2410, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Preparations of a kind used in animal feeding: Other: Other: Animal feeds containing milk or milk derivatives: Containing over 10 percent by weight of milk solids: Described in additional U.S. note 2 to this chapter and entered pursuant to its provisions: Milk replacer”. The general rate of duty will be 7.5 percent ad valorem.
The applicable subheading for Animat F, if entered after the quota has closed, will be 2309.90.2810 HTSUS, which provides for: “Preparations of a kind used in animal feeding: Other: Other: Animal feeds containing milk or milk derivatives: Containing over 10 percent by weight of milk solids: Other: Milk replacer”. The general rate of duty will be 80.4 cents per kilogram, plus 6.4 percent ad valorem. Products classified in subheading 2309.90.2810 HTSUS, are also subject to additional safeguard duties based on their value, as described in subheadings 9904.23.01-9904.23.09.
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 the World Wide Web at https://hts.usitc.gov/current.
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.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division