NY 806484

March 1, 1995

CLA-2-23:S:N:N7:231 806484

CATEGORY: Classification

TARIFF NO.: 2309.90.9095; 3004.90.9003

Ms. Lynda L. Schwab

Racing Pigeon Bulletin Supplies

34 East Franklin Street

Bellbrook, OH 45305

RE: The tariff classification of various vitamin/mineral

supplements and probiotics for cage birds from England.

Dear Ms. Schwab:

In your letter dated January 25, 1995 you requested a tariff

classification ruling.

The products in question are described as follows:

A) Gem Ultra-Vits: A vitamin supplement for pigeons

consisting of a powdered compound of vitamins, minerals,

and amino acids in a water soluble form.

B) Strike: A powdered compound containing Allicin and

Lactic Bacteria (a beneficial bacteria) in a water

soluble form.

C) Gardex: A garlic supplement to promote the pigeons

overall health consisting of a powered compound

containing a garlic supplement and vitamin C in a water

soluble form.

D) GEM-lytes: A powered compound containing electrolytes and

trace elements in a water soluble form. Contents include

sulphates of copper, cobalt, iron, manganese, potassium,

sodium and zinc on an acidified soluble base.

E) GEM-thepax: A liquid compound containing specific

microbial nutrients.

The applicable subheading for the Gem Ultra-Vits, Strike,

Gardex and GEM-thepax will be 2309.90.9500, Harmonized Tariff

Schedule of the United States (HTS), which provides for

Preparations of a kind used in animal feeding: other: other:

other: other: other:. The duty rate will be 2.7 percent ad

valorem.

The applicable subheading for the GEM-lytes will be

3004.90.9003, Harmonizes Tariff Schedule of the United States

(HTS), which provides for Medicaments (excluding goods of heading

3002, 3005 or 3006) consisting of mixed or unmixed products for

therapeutic or prophylactic uses, put up in measured doses or in

forms or packaging for retail sale (con.): other: other...for

veterinary use. The duty rate will be free.

This ruling is being issued under the provisions of Section

177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry

documents filed at the time this merchandise is imported. If the

documents have been filed without a copy, this ruling should be

brought to the attention of the Customs officer handling the

transaction.

Sincerely,

Jean F. Maguire

Area Director

New York Seaport