The tariff classification of a "milk replacer" for use in feeding calves, from Canada.

N084755 December 11, 2009 CLA-2-23:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 2309.90.1050 Mr. Manuel Silveira Grober Inc. 415 Dobbie Drive Cambridge, ON N1T 1S9 Canada RE: The tariff classification of a “milk replacer” for use in feeding calves, from Canada. Dear Mr. Silveira: In your letter dated November 16, 2009, together with a supplemental facsimile transmission dated December 4, 2009, you requested a tariff classification ruling. A sample and an ingredients breakdown representing a powdered “milk replacer” mix were submitted for our review. The product, identified as “Provitello Calf Ration Starter 21/17,” is intended to be mixed with water and fed to a calf to replace the milk that the young animal would get from its mother. (Commercial considerations or livestock rearing problems often preclude the use of the milk from the mother.) The product is said to be rich in protein, energy (fat), lactose, vitamins and minerals. The product will be sold to major feed distributors that service small feed mills. Farmers are the end users. The sample is a yellowish-white powder said to consist of 33.25% whey, 41% skim milk powder, 17% animal fats, 4% wheat gluten, 2% wheat flour, 2% wheat starch, and 0.75% vitamins & minerals. The applicable subheading for the “Provitello Calf Ration Starter 21/17” will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), 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. 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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. Importations of this merchandise are subject to regulations administered by the U.S. Department of Agriculture (USDA), which may be contacted at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 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 Nathan Rosenstein at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division