The tariff classification of dried mealworms for use as bird food, from China.

N239351 March 21, 2013 CLA-2-05:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0511.99.3060 Ms. Lois B. Sproul Lois Sproul CHB Inc. 475 Swanson Rd., Suite A-B Tyrone, GA 30290 RE: The tariff classification of dried mealworms for use as bird food, from China. Dear Ms. Sproul: In your letter dated March 7, 2013, you requested a tariff classification ruling on behalf of Michael Batterson (Hoschton, GA). The items in question are mealworms that have been baked, killed and dried by a microwave process. Mealworms are the larval form of the mealworm beetle (a type of darkling beetle). The dead, dried mealworms will be imported in 15.5-ounce plastic drums intended for retail sale as packaged bird food. The applicable subheading for the dried mealworms will be 0511.99.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption: other: other: products chiefly used as food for animals or as ingredients in such food: 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. These goods may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone number: (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, Thomas J. Russo Director National Commodity Specialist Division