CLA-2-23:OT:RR:NC:N5:231
Traci Phillips
M.E.Dey & Company
700 W Virginia Avenue
Suite 300 Milwaukee, WI 53204
RE: The tariff classification of LipoAktiv L-Met 60 and GLU 60 from Malaysia
Dear Ms. Phillips:
In your letter dated July 27, 2023, you requested a tariff classification ruling on behalf of your client, Berg+Schmidt America LLC (Libertyville, IL).
There are two products under review as follows:
LipoAktiv L-Met 60 is composed of BergaFat F-100 (40 percent) and L-methionine, an essential amino acid (60 percent). GLU-60 is composed of BergaFat F-100 (40 percent) and cane sugar (60 percent). You state that these product can be fed to dairy cattle via a total mixed ration, top dressing or used in premixes and concentrates. The function of these products in the maintenance of the health of dairy cattle is to provide energy, reduce 3-hydroxybutyric acid (BHB), thus reducing the rate of subclinical ketosis, improving milk and reproductive performance.
In your letter, you suggest classification of the products under subheading 3823.19.2000; industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: industrial monocarboxylic fatty acids; acid oils from refining: other: derived from coconut, palm-kernel or palm oil. We disagree. The suggested subheading covers fatty acids not in combination with other substances such as sugar, amino acid variants, etc.
The applicable subheading for the LipoAktiv L-Met 60 and GLU 60 will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Preparations of a kind used in animal feeding: Other: Other: Other: Other: Other.” The general rate of duty will be 1.4 percent, ad valorem.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division