CLA-2-10: OT: RR: NC: 2:231

Mr. Peter J. Hallows
Lackawanna Products Corp.
8545 Main St.
P.O. Box 660
Clarence, NY 14031

RE: The tariff classification of yellow dent corn from India.

Dear Mr. Hallows:

In your letter dated July 19, 2011, you requested a tariff classification ruling.

The merchandise is comprised of organic yellow dent corn. This corn will be utilized in animal feed.

The applicable subheading for organic yellow dent corn will be 1005.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for corn (maize), other, yellow dent corn. The rate of duty will be 0.05 cents per kilogram.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136 Riverdale, MD 20737-1236 Telephone number: 877-770-5990

This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Nathan Rosenstein at (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division