The tariff classification of a canine dietary supplement packaged in China and returned to the United States.

NY J88717 October 3, 2003 CLA-2-23:RR:NC:2:231 J88717 CATEGORY: Classification TARIFF NO.: 2309.10.0090; 9801.00.1097 Mr. Peter Schlesinger Atlantic Customs Brokers, Inc. 151 East Street New Haven, CT 06511 RE: The tariff classification of a canine dietary supplement packaged in China and returned to the United States. Dear Mr. Schlesinger: In your letter, dated September 4, 2003, on behalf of your client, Parke Patch Enterprises, Inc., Randolph Center, VT, you requested a tariff classification ruling. The merchandise, K-9 QuencherTM, is a dietary supplement in powder form for dogs. It contains several nutritive substances and it is designed to be added to a dog’s water bowl to replace vitamins and electrolytes lost while exercising. The ingredients are dextrose, glycine, monosodium phosphate, magnesium sulfate, niacin, biotin, sodium selenite, artificial flavoring, and natural flavoring. The ingredients are of United States origin and they are shipped in bulk to China for repacking into retail packaging. The sample submitted was in the form of a flat, brown-colored, coated paper packet in the form of a dog bone, with a net weight of 10 grams. The applicable subheading for canine dietary supplements will be 2309.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, other. The rate of duty will be free. Although packaged in China, these goods remain a product of the United States for country of origin marking purposes. The marking of domestic products is regulated by the Federal Trade Commission. Accordingly, the Bureau of Customs and Border Protection does not require goods of American origin to be marked as products of the United States. 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