The tariff classification of pet food from Italy.

N121704 September 9, 2010 CLA-2-23:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 2309.10.0090 Ms. Beth Bittle 2905B Coldstream Way Baltimore, MD 21234 RE: The tariff classification of pet food from Italy. Dear Ms. Bittle: In your letter dated August 12, 2010, you requested a tariff classification ruling. You submitted product literature concerning two kinds of vegan, kibble-type pet food put up in retail sacks. “Ami Dog,” described as a balanced everyday food for dogs, contains cereals (types not specified), vegetable protein extracts, derivatives of vegetable origin, oils and fats, yeasts, linoleic acid, L-carnitine, and a number of vitamins and minerals. “Ami Cat,” a similar food formulated for cats, contains vegetable protein extracts, cereals, oils and fats, derivatives of vegetable origin, yeasts, linoleic acid, taurine, L-carnitine, and a number of vitamins and minerals. The applicable subheading for the above-described “Ami Dog” and “Ami Cat” vegan kibble imported in retail containers will be 2309.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), 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. 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. Your inquiry did not provide enough information for us to rule on the two types of “Ami Bones” depicted on additional data sheets submitted. If you wish to pursue a ruling on those products, please submit a new request giving more detailed breakdowns (including percentages, by weight) of all specific ingredients (i.e., particular types and forms of the cereals, the names of the additives, etc.) in each version. Also, indicate whether these items will be imported on retail-labeled blister cards as shown in your literature; please explain if otherwise. 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