HQ 086559: Animal Feed Fat Preparation from Canada

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          HQ 086559

                      November 30, 1990
CLA-2 CO:R:C:G  086559 SLR

CATEGORY: Classification

TARIFF NO.: 2309.90.3000; 9904.10.69

Sandra Liss Friedman, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY  10016

RE:  Animal Feed Fat Preparation from Canada

Dear Ms. Friedman:

     This is in response to your inquiry of February 9, 1990, on
behalf of Grober, Inc., requesting the proper classification of
an animal feed fat preparation under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).

FACTS:

     The subject animal feed fat preparation, consisting of
70% animal fat and 30% whey/whey protein concentrate, will
be used as an ingredient in a complete animal feed consisting of
24.4% feed fat preparation, 59.7% whey/whey protein concentrate,
13.3% non-fat dry milk, and 2.5% vitamins and minerals.

ISSUE:

     Whether the subject preparation is classified as an animal
feed containing milk or milk derivatives under subheading
2309.90.3000, HTSUSA.

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.

     Heading 2309, HTSUSA, provides for preparations of a kind
used in animal feeding.  The Explanatory Notes to the HTSUSA,
although not legally binding, offer guidance in understanding the
scope of the headings.  The Explanatory Note to heading 2309
indicates that this heading covers prepared animal feeding
stuffs of a mixture of several nutrients designed:

                              -2-

          (1)  to provide the animal with a rational
               and balanced daily diet (complete feed);

          (2)  to achieve a suitable daily diet by
               supplementing the basic farm-produced
               feed with organic or inorganic substances
               (supplementary feed); or

          (3)  for use in making complete or supplementary feeds.
               (Underscore added.)

The note later highlights preparations for use in making the
complete feeds or supplementary feeds.

     The subject preparation is designed to be combined with
additional ingredients to produce a complete feed.  Consequently,
it is classifiable in heading 2309.

     Subheading 2309.90.3000, HTSUSA, provides for animal feeds
containing milk or milk derivatives.  Inasmuch as the preparation
contains whey protein concentrate, it is classifiable in
subheading 2309.90.3000.  Imports classified under subheading
2309.90.3000 are subject to quota restrictions under subheading
9904.10.69, HTSUSA.

     Heading 9904.10 provides that whenever in any 12 month
period beginning January 1 in any year, the respective aggregate
quantity specified for one of the numbered classes of articles
has been entered, no article in such class may be entered during
the remainder of such period.  Subheading 9904.10.69 provides
that animal feeds containing milk or milk derivatives, classified
under subheading 2309.90.3000, originating in countries other
than Ireland, the United Kingdom, New Zealand, or Australia, have
an import quota of zero and, therefore, cannot be imported into
the United States.

HOLDING:

     The animal feed fat preparation is classifiable under
subheading 2309.90.3000, HTSUSA, which provides for animal feeds
containing milk or milk derivatives, and is subject to quota
restrictions under subheading 9904.10.69.



                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division