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

Ms. Julie Hartenfels
Williams B. Skinner Inc.
300-3C Route 17 South
Lodi, NJ 07644

RE: The tariff classification of Palm Fat Blend from Malaysia

Dear Ms. Hartenfels:

In your letter dated March 30, 2017 you requested a tariff classification ruling on behalf of your client, Agrofin Inc. (Upland, CA).

The subject merchandise is N70 High Palmitic Lipid Compound Prills. The product is composed of 45 percent distilled high palmitic fatty acids , 45 percent fractionated palm fatty acid distillate, 9.97 percent refined palm stearin, one percent butyl hydroxytoluene (BHT) and ethoxyquin (both antioxidants). The product is a feed additive for cows primed for high milk and milkfat production. It is indicated to improve digestibility and saturated fatty acid absorption at the intestinal level for cows. N70 High Palmitic Lipid Compound Prills will be imported in 50 pounds, 1short ton totes (2000 pounds) and 22 short tons bags (44,000 pounds), respectively.

You have suggested that this merchandise should be classified in subheading 2309.90.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: other: mixed feeds or mixed feed ingredients:dairy cattle feed prepared. We find that it is more appropriately classified elsewhere.

The applicable subheading for “N70 High Palmitic Lipids Compound Prills” 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 https://hts.usitc.gov/current.

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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division