Mr. Stuart M. Pape
Patton, Boggs & Blow
2550 M Street, N.W.
Washington, D.C. 20037
RE: The tariff classification of Fructooligosaccharide (sugar
compound) from Canada.
Dear Mr. Pape:
In your letter dated July 10, 1990, on behalf of Coors
BioTech, Inc., 12200 North Pecos Street, Westminster, Colorado
you requested a tariff classification ruling.
The product at issue is a variable mixture of three
fructooligo- saccharides which are saccharide polymers comprised
of a single glucose molecule to which one, two, or three fructose
units have been linked in an enzyme-catalyzed reaction. It will
be sold to the animal feed industry as "FOS" and "FOS-P". Both
products are added to chicken feed to improve feed utilization.
These products are said to improve the activity of benign
intestinal flora and may have some fiberlike properties. They
are also said to be effective in the reduction of incidence and
level of salmonella infections in broilers when included in the
feed of the animals.
The applicable subheading for these products,"FOS" and "FOS-
P", will be 2309.90.9000, Harmonized Tariff Schedule of the
United States (HTS), which provides for preparations of a kind
used in animal feeding: other: other. The rate of duty will be 3
percent ad valorem.
Goods classifiable under subheading 2309.90.9000, HTS, which
have originated in the territory of Canada, will be entitled to a
free rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
Jean F. Maguire
New York Seaport