The tariff classification of Bird Feed from Spain

N311660 May 19, 2020 CLA-2-23:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2309.90.1015 Ms. Annemarie Castillo G & C Brokers 9210 SW 11 ST Miami, FL 33174 RE: The tariff classification of Bird Feed from Spain Dear Ms. Castillo: In your letter dated May 4, 2020, you requested a tariff classification ruling on behalf of your client, Psittacus Catalonia S.L (Barcelona, Spain). You submitted an ingredients breakdown and pictorial representations of the products. There are two products under review: Psittacus® Omega is a bird feed composed of soybean meal, wheat, corn, peas, crude palm oil, fructose, dried egg, dried brewer's yeast, various vitamins etc. You stated that the total amount of grain in Psittacus® Omega is 35 percent. The product will be imported in bags with a net weight of 800 grams and 3 kilograms, respectively. Psittacus Omega will be sold to the pet food industry. Psittacus® High Energy Hand Feeding is a bird feed composed of corn, soybean meal, wheat, sunflower oil, crude palm oil, peas, various vitamins etc. You stated that the total amount of grain in Psittacus® High Energy Hand is 43 percent. The product will be imported in bags with a net weight of 1 kilogram and 5 kilograms, respectively. Psittacus High Energy Hand Feeding will be sold to the pet food industry. In your ruling, you suggested classification for Psittacus® High Energy Hand Feeding under heading 2309.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Preparations of a kind used in animal feeding: Other: Other: Other: Animal feeds containing egg”. We disagree. Both articles consist of not less than 6 percent by weight of grain or grain products, which falls within the limits described in Additional U.S. Note 1 to Chapter 23. The applicable subheading for both Psittacus® Omega and Psittacus® High Energy Hand Feeding will be 2309.90.1015, HTSUS, which provides for: “Preparations of a kind used in animal feeding: Other: Mixed feeds or mixed feed ingredients: Other pet food, put up for retail sale”. 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 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 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