CLA-2-32:RR:NC:SP:236 K83801
Virginia Sullavan Canter
Samuel Shapiro & Company, INC.
401 E. Pratt Street
Baltimore MD, 21202
RE: The tariff classification of Aquasta (Feed Grade) from Mexico and United Kingdom
Dear Ms. Canter:
In your letter dated March 3, 2004 you requested a tariff classification ruling on behalf of your client Igene Biotechnology, Inc.
The information you provided with your binding ruling request indicates that Aquasta (Feed Grade) is a dried yeast product which is a natural source of astaxanthin, a pigment which imparts the characteristic red color to the flesh of salmon, trout and other aquatic species.
The applicable subheading for the Aquasta (Feed Grade) will be 3203.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. The rate of duty will be 3.1 percent ad valorem.
With respect to your request for a tariff classification ruling on Aquasta (Nutaceutical Grade), we require the following additional information:
1. Please provide a complete description of the process by which Igene’s yeast is specially formulated to maximize bioavailability of the pigment.
2. Does the imported product contain any ingredients other than yeast? If so, please provide the name and percent by weight of each ingredient making up the imported product. The breakdown should include all the component materials as well as the Chemical Abstract Service (CAS) number for each component material.
3. Please explain the difference between Aquasta (Nutraceutical Grade) and Aquasta (Feed Grade).
4. Please provide a sample of the Aquasta (Nutraceutical grade).
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 Debra Wholey at 646-733- 3034.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division