CLA-2-23:RR:NC:2:231 F80441
Ms. Debra Tremblay
Affiliated Customs Brokers USA, Inc.
100 Walnut Street
Champlain, NY 12919
RE: The tariff classification of calf milk replacer from Canada.
Dear Ms. Tremblay:
In your letter, dated December 10, 1999, you requested a classification ruling on behalf of your client, Les Aliments Serval Canada Ltee., Louiseville, Quebec .
The merchandise, milk replacer for calves, is described thus:
“F1 Starter” contains skim milk powder, whey powder, tallow (with BHA and BHT), coconut oil, whey protein concentrate, lecithin, emulsifier, sodium chloride, calcium carbonate, sodium bicarbonate, magnesium hydroxide, methionine, sodium citrate, sorbitol, iron sulfate, copper sulfate, cobalt sulfate, zinc sulfate, manganese sulfate, potassium iodate, sodium selenite, retinol, chole-calcipherol, tocopherol, phytomenadione, ascorbic acid, thiamin, riboflavin, pyridoxine, cyanocobalamine, nicotinic acid, pantothenic acid, folic acid, and vitamins A, D, and E. It does not contain any gluten. It contains by weight 50 percent skim milk powder, 25 percent whey powder, 18.5 percent fat, 5 percent whey protein concentrate, and 1.5 percent vitamins. A breakdown provided with the inquiry indicates that “F1 Starter” contains by weight 80 percent milk solids (which include skim milk powder, whey powder, and whey protein concentrate).
“F3 Finisher” contains whey powder, skim milk powder, tallow (with BHA and BHT), whey protein concentrate, coconut oil, lecithin, emulsifier, sodium chloride, calcium chloride, sodium bicarbonate, magnesium hydroxide, methionine, sodium citrate, sorbitol, iron sulfate, copper sulfate, cobalt sulfate, zinc sulfate, manganese sulfate, potassium iodate, sodium selenite, retinol, chole-calcipherol, tocopherol, phytomenadione, ascorbic acid, thiamin, riboflavin, pyridoxine, cyanocobalamine, nicotinic acid, pantothenic acid, folic acid, and vitamins A, D, and E. It does not contain any gluten. It contains by weight 37 percent whey powder, 30 percent skim milk powder, 19.5 percent fat, 12 percent whey protein concentrate, and 1.5 percent vitamins and minerals. “F3 Finisher” contains by weight 79 percent milk solids.
“F4 Grower” contains whey powder, whey protein concentrate, tallow (with BHA and BHT), coconut oil, gluten, lecithin, emulsifier, sodium chloride, calcium carbonate, sodium bicarbonate, magnesium hydroxide, methionine, sodium citrate, sorbitol, iron sulfate, copper sulfate, cobalt sulfate, zinc sulfate, manganese sulfate, potassium iodate, sodium selenite, retinol, chole-calcipherol, tocopherol, phytomenadione, ascorbic aicd, thiamin, riboflavin, pyridoxine, cyanocobalamine, nicotinic acid, pantothenic acid, folic acid, and vitamins A, D, and E. It contains by weight 47 percent whey powder, 31 percent whey protein concentrate, 17.5 percent fat, 3 percent gluten, and 1.5 percent vitamins and minerals. “F4 Grower” contains by weight 78 percent milk solids.
“F5 Finisher Without Milk” contains whey powder, whey protein concentrate, tallow (with BHA and BHT), gluten, coconut oil, lecithin, emulsifier, calcium carbonate, lysine, methionine, sorbitol, magnesium hydroxide, citric acid, copper sulfate, iron sulfate, cobalt sulfate, zinc sulfate, manganese sulfate, potassium iodate, sodium selenite, ascorbic acid, thiamin, riboflavin, pyridoxine, nicotinic acid, calcium D-pantothenate, folic acid, and vitamins A, B12, D, D3, E, and K3. It contains by weight 42 percent whey powder, 33 percent whey protein concentrate, 18 percent fat, 5.5 percent gluten, and 1.5 percent vitamins and minerals. “F5 Finisher Without Milk” contains by weight 75 percent milk solids.
The applicable subheading for “F1 Starter,” “F3 Finisher,” “F4 Grower,” and “F5 Finisher Without Milk,” if entered under quota, will be 2309.90.2410, Harmonized Tariff Schedule of the United States (HTS), 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 chapter 23 and entered pursuant to its provisions, milk replacer. The general rate of duty will be 7.5 percent ad valorem.
The applicable subheading for “F1 Starter,” “F3 Finisher,” “F4 Grower,” and “F5 Finisher Without Milk,” if entered after the quota allocation for this year has been filled, will be 2309.90.2810, HTS, 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. In addition, products classified in subheading 2309.90.2810, HTS, if they prove not to be of Canadian origin, will be subject to safeguard duties based on their value, as described in subheadings 9904.23.01 – 9904.23.09. Products classified in subheading 2309.90.2810, HTS, that prove to be of Canadian origin, are not subject to safeguard duties in 9904.23.01 – 9904.23.09.
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 Regulatory Guidance
HFF 314, 200 C Street, SW
Washington, DC 20204
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 212-637-7064.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division