CLA-2 CO:R:C:F 954279 ALS
Ms. Mary F. Tramontano
Import Manager
Hoechst Celanese Corp.
Route 202-206 North
Somerville, NJ 08876
RE: Salinomycin-intermediate
Dear Ms. Tramontano:
This is reference to your request of April 13, 1993, sent to our New York
Seaport Area Office, requesting a classification ruling regarding the subject
product which is used in the manufacture of a poultry premix. Your request has
been referred to this office for consideration.
FACTS:
The product under consideration, salinomycin-intermediate (also known as
salinomycin mycelial cake), is described as a spray-dried culture medium with
approximately 20 percent active substance (salinomycin (INN, 8AN)). Subsequent
to importation the product is standardized to 30g per pound by mixing with
calcium carbonate, calcium silicate, mineral oil and silicon dioxide and packaged
in 50 pound bags.
ISSUE:
What is the classification of the subject product?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is governed by - 2 -
the General Rules of Interpretation (GRI's) taken in order.
GRI 1 provides that the classification is determined first in accordance with
the terms of the headings and any relative section and chapter notes. If GRI
1 fails to classify the goods and if the heading and legal notes do not otherwise
require, the remaining GRI's are applied, taken in order.
The product is used in the prevention of coccidiosis, a disease that
primarily affects fowl.
In considering this matter we noted that, except for a small difference
in amount of active ingredients, the imported product under consideration is
substantially similar to the product considered in Headquarters Ruling Letter
(HRL) 083437, dated March 13, 1990. In that ruling the Explanatory Notes (EN)
to the Harmonized System regarding heading 2309 was cited. It was noted that
such EN, which represents the considered opinion of the international
classification experts, states that the provisions for "other animal feed
preparation" includes preparations known in the trade as "premixes" and that they
are, generally speaking, compound composition consisting of a number of
substances (sometimes called additives), the nature and proportions of which
vary according to the animal production required. That ruling held that such
preparations, specifically referenced in the EN, i.e., mycelium, the culture
medium and the antibiotic, were most specifically covered in heading 2309,
HTSUSA, even when the antibiotic level was between 20-30 percent.
HOLDING:
The product at issue salinomycin-intermediate, also known as salinomycin
mycelial cake, is classifiable in subheading 2309.90.1020, HTSUSA, and is subject
to a free general rate of duty.
Sincerely,
John Durant, Director
Commercial Rulings Division