The tariff classification of Bird Feed from Spain

N312236 June 30, 2020 CLA-2-23:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 2309.90.9500 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 June 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® Calcium Grit Coarse is a bird feed composed of calcareous marine shells, calcium carbonate and crystallized calcium carbonate. The product will be imported in bags with a net weight of 2 kilograms and 8 kilograms, respectively. Psittacus® Calcium Grit Coarse will be sold to the pet food industry. Psittacus® Silex Grit Fine is a bird feed composed of calibrated flint sand. The product will be imported in bags with a net weight of 1 kilogram and 1.5 kilograms, respectively. Psittacus® Silex Grit Fine will be sold to the pet food industry. The applicable subheading for the Psittacus® Calcium Grit Coarse 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 1.4 percent ad valorem. Regarding Psittacus® Silex Grit Fine, this office requires additional information in order to issue a ruling. Please provide the following: Is the flint sand made entirely of material which was naturally derived from the earth?  If so, indicate the precise geological identity of any stone component (e.g., quartz, slate, limestone, etc.), identifying the source (e.g., the name and location of the quarry or mine) and its method of derivation.  If the flint sand contains any material which is not a natural stone, please provide a breakdown by weight and value for all components.  Please list any and all physical and mechanical processes applied to the flint sand (e.g., crushing, heat-treatment, crystallization, screening, etc.).  Does the flint sand consist of, or contain, any materials which were mixed together after mining or quarrying?  If so, please explain.  Please note that you will need to open a new ruling request for that product if you decide to resubmit. 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