CLA-2-05:OT:RR:NC:N4:231

Ms. Whitney Brown
Randall Burkey Company
117 Industrial Drive
Boerne TX 78006

RE: The tariff classification of Mealworm Powder and Cricket Powder from China

Dear Ms. Brown:

In your letter dated September 2, 2016, you requested a tariff classification ruling.

There are two subject merchandise under review. Dried Mealworm Powder is made from the larval form of the mealworm beetle. The Dried Cricket Powder is made from crickets. Both products will be imported in 25 kilogram bags and used as added ingredients in poultry feed.

The applicable subheading for the Mealworm Powder and Cricket Powder will be 0511.99.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption: Other: Other: Products chiefly used as food for animals or as ingredients in such food: Other. The rate of duty will be free. 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. 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, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone number: (301) 734-3277

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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division