CLA-2-23:OT:RR:NC:N4:231

Ms. Carol A. Cafarelli
USG Logistics, Inc.
2975 Lone Oak Circle (#103)
Eagan, MN 55121

RE: The tariff classification of animal feed additives from the Netherlands.

Dear Ms. Cafarelli:

In your letter dated November 9, 2015, you requested a tariff classification ruling on behalf of Devenish Nutrition LLC (Fairmont, MN).

The products in question are three additives intended to be incorporated into feeds for pigs and poultry. All are in the form of coated granules designed to enable butyrates to be released into the small intestine of the animal. These formulas appear to be of a kind claimed by various sources to provide energy to cells and to have other beneficial metabolic effects such as improved digestion, enhanced immune function and the inhibition of pathogenic bacterial growth.

“UltraGuard-Na30” consists of sodium butyrate combined with a vegetable fat blend. “Ultra-Guard-Ca40” consists of calcium butyrate combined with a vegetable fat blend. “UltraGuard-Duo” consists of calcium butyrate and sodium butyrate combined with a vegetable fat blend. All will be supplied in 25-kg bags.

The applicable subheading for all of the above-described versions of “UltraGuard” will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: other: other: other: other: other. The rate of duty will be 1.4% ad valorem.

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

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 the email address [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division