OT:RR:CTF:FTM H297145 JER
Mr. Todd Menotti
Legal, International Government Relations
Tyson Foods, Inc.
601 Pennsylvania Avenue, NW, Suite 750-S
Washington, DC 20004
RE: Classification of Feather Meal Feedstock
Dear Mr. Menotti:
This is in response to your request, dated March 15, 2018, on behalf of Tyson Foods, Inc. Ingredients and Animal Nutrition Group, in which you request a binding ruling as to the classification of a certain feather meal product under the Harmonized Tariff Schedule of the United States (HTSUS). In reaching the below determination, we have considered information presented in your March 15, 2018 correspondence (hereinafter “ruling request”) as well as your supplemental submission dated May 3, 2018.
FACTS:
The merchandise is described as being Hydrolyzed Feather Meal that is used as a high-protein ingredient for animal foods feedstock. According to the Ingredients and Animal Nutrition Group of Tyson Foods, Inc., hydrolyzed feather meal is the product resulting from the treatment under pressure of clean, undecomposed poultry feathers and parts of poultry feathers from slaughtered poultry. The production of hydrolyzed feather meal begins with steam, pressure and heat which are used to break down the keratin protein in the poultry feathers. After being hydrolyzed the feathers are ground and sifted into a granule powder before being stored and later shipped. There are no chemicals or additives involved in the production of the subject hydrolyzed feather meal. Tyson’s Animal Nutrition Group states that the feather meal is used as an animal feed ingredient which is sold to feed mills and pet food companies. Once distributed to feed mills and pet food companies, the feather meal will be combined with other ingredients to produce animal feed.
ISSUE:
Whether the subject feather meal product should be classified in heading 0505 HTSUS, heading 3105 HTSUS, or heading 3824 HTSUS.
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.
The HTSUS provisions under consideration are as follows:
0505 Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers:
0505.90 Other:
0505.90.20 Feather meal and waste…………………………………………
* * *
3101.00.0000 Animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products…………..
* * *
3824 Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified of included:
3824.90 Other:
* * *
Other (con):
Other……………………………………………………….
3824.90.91 Other……………………………………………….
* * *
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80. The relevant ENs are as follows:
The ENs to heading 05.05, HTSUS, provide in pertinent part:
This heading covers:
(2) Feathers and parts of feathers (whether or not with trimmed edges), and down, provided they are either unworked, or merely cleaned, disinfected or treated for preservation, but not otherwise worked or mounted.
The ENs to heading 05.05, HTSUS, provide in pertinent part:
This heading also covers powder, meal and waste of feathers or parts of feathers.
The ENs to heading 05.05, HTSUS, also provide, in relevant part, that:
The heading excludes skins and other parts of birds, feathers and parts of feathers which have undergone working other than that permitted in this heading (e.g., bleaching, dyeing, curling or waving), or…[.]
Generally, feather meal is a waste byproduct of the poultry industry in the form of feathers or parts of feathers. In its simplest form feather meal acts as a feedstock that can be used to produce pharmaceutical products, fertilizer or animal food. Its prominence as a fertilizer stems from the high nitrogen content of bird feathers while its high-protein content compels its use in animal feed applications. Garden IQ at http://www.gardeniq.com/feather-meal. (Last visited 05/31/2018). For purposes of the HTSUS, animal-based fertilizer is provided for in heading 3105, HTSUS, while products stemming from industrial waste and organic waste are provided for in Chapter 38.
Classification of feather meal products is often governed by the manner and extent of its manufacturing process along with its principal use. Similarly, the classification of a given feather meal product is distinguished by its capacity to meet the terms and limitations of the HTSUS under consideration. Feathers, parts of feathers and powder and waste of feathers are provided for eo nomine under heading 0505, HTSUS. Yet, not all feather meal products are classifiable under the terms of heading 0505, HTSUS. In particular, EN 05.05 advises that the heading excludes parts of birds, feathers and parts of feathers which have undergone working other than that permitted in this heading (e.g., bleaching, dyeing, curling, or waxing)…” As such, where feathers and parts of feathers have undergone chemical processing, chemical drying or other additional production beyond hydrolysis, CBP has classified such products outside of heading 0505, HTSUS.
In NY Ruling Letter (“NY”) N002907, dated November 17, 2006, CBP classified a feather meal product to be used in the application of animal feed under subheading 3824.90.91, HTSUS, which provides for: “….chemical products and preparations of the chemical and allied industries, not elsewhere included.” The feather meal product of NY N002907 consisted of an amino acid compound powder made from hydrolyzed poultry feather meal. The hydrolyzed solution was filtered and the amino acids separated and spray-dried forming an amino acid compound. CBP classified the feather meal product of NY N002907 in heading 3824, HTSUS because of the chemical additives, manufacturing process and the resulting amino acid compound powder. Similarly, in NY N075144, dated September 21, 2009, CBP classified a granulated feather meal product as an animal fertilizer under heading 3105, HTSUS. The feather meal product of NY N075144 because of the extensive manufacturing process and the water soluble chemical binder.
Although heading 0505, HTSUS, provides for powder, meal and waste of feathers, feathers that have been subjected to chemical processing and other similar processes beyond that which is permitted by the heading, are excluded from heading 0505, HTSUS. Accordingly, CBP determined that the feather meal products of NY N002907 and NY N075144 were otherwise worked in a manner which exceeded the terms of heading 0505, HTSUS and therefore were classifiable in their respective headings.
Hydrolysis and grinding poultry feathers are processes that comply with the limitations set out in heading 0505, HTSUS. In particular, the ENs to 0505 clarify that the headings covers: “(2) Feathers and parts of feathers…provided they are unworked, or merely cleaned, disinfected or treated for preservation…” The aforementioned cleaning and disinfecting is similar to the heat, steam and pressure involved in hydrolysis. Likewise, the terms of the heading allow for poultry feathers to be ground into powder. We draw the conclusion regarding ground feathers because the terms of heading 0505, HTSUS, provides for powder and waste of feathers or parts of feathers eo nomine. Additionally, EN 05.05, HTSUS, provides that “[t]he heading also covers powder, meal and waste of feathers or parts of feathers.” In short, in order to obtain powder or meal from feathers, the feathers must be subject to grinding.
In the instant case, the keratin protein from the feathers breaks down due to its reaction to hydrolysis. Use of hydrolyzed feathers makes the feather meal digestible while retaining the protein content. The feather meal is then ready for use as a low-ash, keratin-based protein ingredient for animal foods feedstock. Under our facts, processes that are not excluded by the terms of heading 0505, HTSUS, obtain the subject feather meal. According to the description of the product, the subject feather meal is not spray-dried and does not separate the amino acids from its protein content (which would require an additional chemical process). Likewise, there are no chemicals, antioxidants or other additives used in the production of the subject feather meal. Instead, the feathers and feather parts are simply hydrolyzed and grinded to produce a granulated powder. Because the process of hydrolysis and grinding do not render the subject feather meal to be deemed “otherwise worked”, the manufacturing of the subject feather meal is not prohibited by the terms of heading 0505, HTSUS. Accordingly, we determine that the subject feather meal is classifiable in heading 0505, HTSUS.
HOLDING:
By application of GRI 1, the feather meal is classified in heading 0505, HTSUS. It is specifically classified in subheading 0505.90.20, HTSUS, which provides for, “Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers: Other: Feather meal and waste.” The column one, general rate of duty is 2.3% ad valorem.
A copy of this ruling letter should be attached to entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.
Sincerely,
Myles B. Harmon, Director Commercial and Trade Facilitation Division