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H88888 H8 Ruling Active

The tariff classification of “VegKing,” a protein concentrate preparation used as an animal feed ingredient, from the Netherlands.

Issued March 5, 2002 by U.S. Customs and Border Protection.

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H8 H88888 (March 5, 2002)

Tariff classification

HTS codes: 2309.90.1050

Headings: 2309

Product description

The merchandise, “VegKing,” is vegetable protein concentrate of a kind used in animal feeding. The primary ingredients listed include about 68.6 percent soy protein concentrate, 30 percent wheat gluten, and 1.4 percent vitamins and flavoring. An analysis, provided by the inquirer, indicates that this product contains about 70 percent protein, 11 percent ash, 5 percent moisture, 3.2 percent calcium, 3 percent fat, 2 percent lysine, 2 percent methionine and cystine, 1.3 percent fiber, 0.34 percent phosphorus, and vitamins A, C, D3, and E. The product will be used to manufacture dry and liquid feed for bovines and porcines. Animal feed manufacturers blend amounts of “VegKing” with one or more sources of protein, fat, and feed elements. The typical protein content of the final feed product will vary between 18-26 percent, depending on the use of the final feed product. The typical fat content of the final feed product will also range between 18-26 percent, depending on the use of the final feed product.

CBP rationale

The applicable subheading for vegetable protein concentrate of a kind used in animal feeding will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other.

Full text

NY H88888 March 5, 2002 CLA-2-23:RR:NC:2:231 H88888 CATEGORY: Classification TARIFF NO.: 2309.90.1050 Mr. George Ferre Nazco, Inc. 611 Rockland Road, Suite 207 Lake Bluff, IL 60044-2000 RE: The tariff classification of “VegKing,” a protein concentrate preparation used as an animal feed ingredient, from the Netherlands. Dear Mr. Ferre: In your letter, dated February 20, 2002, you requested a tariff classification ruling. The merchandise, “VegKing,” is vegetable protein concentrate of a kind used in animal feeding. The primary ingredients listed include about 68.6 percent soy protein concentrate, 30 percent wheat gluten, and 1.4 percent vitamins and flavoring. An analysis, provided by the inquirer, indicates that this product contains about 70 percent protein, 11 percent ash, 5 percent moisture, 3.2 percent calcium, 3 percent fat, 2 percent lysine, 2 percent methionine and cystine, 1.3 percent fiber, 0.34 percent phosphorus, and vitamins A, C, D3, and E. The product will be used to manufacture dry and liquid feed for bovines and porcines. Animal feed manufacturers blend amounts of “VegKing” with one or more sources of protein, fat, and feed elements. The typical protein content of the final feed product will vary between 18-26 percent, depending on the use of the final feed product. The typical fat content of the final feed product will also range between 18-26 percent, depending on the use of the final feed product. The applicable subheading for vegetable protein concentrate of a kind used in animal feeding will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other. The rate of duty will be free. Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, MD 20857 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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