The tariff classification of Tonisity Px from Ireland

N302426 February 11, 2019 CLA-2-23:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 Ms. Lori Head Tonisity Inc. 4221 Mitchell Avenue Suite No. 2A Saint Joseph, MO 64507 RE: The tariff classification of Tonisity Px from Ireland Dear Ms. Head: In your letter dated December 20, 2018, you requested a tariff classification ruling. The subject merchandise is Tonisity Px. A sample was submitted for our examination and will be retained for reference. The product, which is in powder form, is composed of salt, citric acid, xanthan gum, glutamic acid, whey protein concentrate, dextrose anhydrous, monosodium phosphate, potassium chloride and glycine. The flow chart submitted indicates that the above-mentioned component materials are placed in a mixer and set to blend for half an hour. Once the product is inspected to ensure a thorough mixture, the finished article is filled into various containers for importation into the United States. As stated in the product literature, Tonisity Px is an isotonic protein drink that can be fed to piglets as early as the first week of life. It is stated to be a combination of amino acids, electrolytes, micronutrients and hydration aimed at encouraging the development of the piglets’ small intestine in order to support peak performance. The added benefits of the product at issue are providing energy boost and hydration during the weaning phase. Furthermore, it provides increased sow feed intake, reduced pre-weaning mortality, increased weaning weight, and reduced antibiotic usage. The end user is instructed to mix the product in water. According to your response to an e-mail inquiry from this office, the product will be packed in 1kg pouches (10 per box), 2.5kg bags, 5kg bags, and 20kg buckets (4 x 5kg bags or 8 x 2.5 kg bags). You state that the contents of the bucket will be split to allow for single bag resale. Tonisity Px will be sold directly to the end user. The applicable subheading for the Tonisity Px will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for preparations of a kind used in animal feeding: Other: Other: Other: Other: Other. The rate of duty will be 1.4 percent ad valorem. 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 the World Wide Web at https://hts.usitc.gov/current. 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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 Ekeng Manczuk at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division