CLA-2-23:OT:RR:NC:N5:231
Mike Collins
Innovative Additives, Inc.
33 Eagle Drive Rehoboth, DE 19971
RE: The tariff classification of Animal Feed Additive from Brazil
Dear Mr. Collins:
In your letter dated September 23, 2024, you requested a tariff classification ruling.
The subject merchandise is “Essential” animal feed additive. The product is composed of vermiculite (48 percent), cashew nut shell liquid (40 percent), castor oil (12 percent). You state that the oils are blended prior to being added to the vermiculite to obtain a dry flowable product. Furthermore, you state that the vermiculite serves as an absorbent for the oils, while the castor oil and the cashew shell nut liquid are a diluent and an antioxidant, respectively. The oils prevent oxidization thus extending the shelf life and overall quality of the animal feed. “Essential” which is introduced as an additive to animal feed products will be imported in 20 or 400 kilogram bags.
The applicable subheading for the Animal Feed Additive 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 general rate of duty will be 1.4 percent, 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 at https://hts.usitc.gov/.
Articles classifiable under subheading 2309.90.9500, HTSUS, that are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP.”
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division