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Newly Released CBP HQ Rulings Nov. 7

The Customs Rulings Online Search System (CROSS) was updated Nov. 7 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

H325604: Internal Advice; Tariff classification of Chlortetracycline Hydrochloride,Chlortetracycline Feed Grade Concentrate, and Neomycin Sulfate

Ruling: (1) and (2) are classified under the duty-free subheading 2941.30.00 as “Antibiotics: Tetracyclines and their derivatives; salts thereof.” (3) is classified under the duty-free subheading 2941.90.1010 as “Antibiotics: Other: Natural: Aminoglycoside antibiotics.”
Issue: Are Chlortetracycline Hydrochloride, Chlortetracycline Feed Grade Concentrate, and Neomycin Sulfate properly classified as animal feed or as antibiotics?
Items: (1) Chlortetracycline Hydrochloride (CTC-HCI), (2) Chlortetracycline Feed Grade Concentrate (CTC-FG) and (3) Neomycin Sulfate. All three are intended for use in treating various animal diseases and infections.
Reason: Medicinal feed preparations of a kind designed to be used by veterinarians are excluded from heading 2309. The antibiotic effects of the CTC-HCI, CTC-FG, and Neomycin Sulfate dominate their chemical makeup, function and purpose. Each of the subject antibiotic drug substances meets the definition of separate chemically defined organic compounds as set forth in Note 1 to Chapter 29.
Ruling Date: Aug. 31, 2023