CLA-2-23:OT:RR:NC:N2:231
Mr. Richard Writsman
Continental Agency Inc.
1768 W. Second Street
Pomona, CA 91766
RE: The tariff classification of Copper Glycine Chelate from China
Dear Mr. Writsman:
In your letter dated November 2, 2020, you requested a tariff classification ruling on behalf Fenchem Inc. (Chino, CA).
The subject merchandise is Copper Glycine Chelate. You have stated that the product is a combination of the amino acid glycine and the metal copper. According to the flowchart, copper sulfate is dissolved in water with heavy metal remover then aged and filtered. The next process involves adjusting the pH value of the glycine with a buffer solution, and the addition of an unspecified catalyst and a compound stabilizer to realize a reaction before the item is vacuum concentrated. The combined product undergoes two extraction processes; the resultant article is dried, smashed and packaged. The dosage of the product as applied to the feed varies depending on the animal. Per the production manual in your submission, the product is stated to maintain the normal metabolism of iron, prevent copper deficiency anemia, promote growth, improve flesh color, reduce water loss, improve quality of egg laying, dietary digestibility and milk yield, etc.
The applicable subheading for the Copper Glycine Chelate 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 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2309.90.9500, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2309.90.9500, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the 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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
The product at issue contains copper glycinate, which may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
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