CLA-12:OT:RR:NC:N5:229
Mr. George Adams
Progressive Trade Consulting, LLC
2601 Autumnfield Road
Midlothian, VA 23113
RE: The tariff classification of Kibbled Carob Cubes from Spain
Dear Mr. Adams:
In your letter, dated December 16, 2025, you requested a tariff classification ruling on behalf of Vitakraft Sun
Seed, Inc. (Weston, OH).
The subject merchandise is Kibbled Carob Cubes. The product is described as 100 percent pure carob cubes
to be used for animal feed. You state the carob cubes may be used as imported, or can be mixed with other
prime materials, for use as food for rabbits, hamsters, and chinchillas. The carob cubes will be shipped in
20-kilogram bags for sale to animal feed companies in the United States.
You have suggested classification in subheading 2308.00.9800, Harmonized Tariff Schedule of the United
States (HTSUS), as follows, “Vegetable materials and vegetable waste, vegetable residues and byproducts,
whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:
Other: Other.” We disagree.
Heading 2308, HTSUS, which covers vegetable materials, residues, wastes, and by-products used in animal
feeding, is inapplicable because the merchandise is neither a residue nor a by-product of any processing
operation. Moreover, heading 2309, HTSUS, provides for preparations of a kind used in animal feeding, but
the heading applies to products that are prepared, such as complete feeds, supplements, or premixes that are
compounded, enriched, or formulated through the addition of vitamins, minerals, binders, flavoring agents, or
other substances. The merchandise under consideration here consists of a single agricultural ingredient and
contains no added ingredients, is not compounded, fortified, or otherwise formulated, and has undergone only
minor mechanical processing to reduce particle size. It does not meet the terms of heading 2309, HTSUS.
Although the merchandise under consideration is marketed for use as animal feed, the intended use and
marketing are not controlling when classification is governed by an eo nomine provision. The subject
product retains the essential character and identity of carob and has not been transformed into a preparation.
As such, the applicable subheading for the Kibbled Carob Cubes will be 1212.92.0000, HTSUS, a s follows,
“Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether
or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the
variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified
or included: Other: Locust beans (carob).” The general rate of duty will be Free.
The duties cited above are current as of this ruling’s issuance. 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/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on
the Trade Remedy/IEEPA page at
https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.
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 control number indicated above should be provided with entry documents filed at the
time this merchandise is imported. If you have questions regarding the ruling, please contact National Import
Specialist Christopher Gangaprashad at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division