CLA-2-35:RR:NC:2:238 H80307

Mr. N. Valois
Circle International, Inc.
110 James Drive West
St. Rose, LA

RE: The tariff classification of Natuphos® 5000G Phytase Granular Formulation and Natuphos® 10000G Phytase Granular Formulation from Germany

Dear Mr. Valois:

In your letter dated April 29, 2001, you requested a tariff classification ruling.

The subject products, Natuphos® 5000G Phytase Granular Formulation and Natuphos® 10000G Phytase Granular Formulation each consist of fine, white granules containing dried Aspergillus niger fermentation extract, which serves as the source for myo-inositol-hexakisphosphate-3-phosphohydrolase (CAS-37288-11-2). When added to animal feeds, the action of this enzyme results in the increased availability of inorganic phosphorus for absorption in the small intestine, reducing the need to supplement the feed with mineral phosphorus in order to meet the animal’s phosphorus requirement. The enzyme-containing fermentation extract is formulated with rice hulls, wheat middlings, calcium carbonate, starch, and magnesium sulfate, which (collectively) serve as the carrier. The applicable subheading for the subject products will be 3507.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Enzymes; prepared enzymes not elsewhere specified or included: Other: Other." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 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 Harvey Kuperstein at 212-637-7068.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division