Court Classifies Feed Additive in Duty-Free Provision

The Court of International Trade ruled Sept. 2 that a feed-grade chlortetracycline concentrate is properly classified as an antibiotic under HTSUS 2941.30.00 (duty-free).

The product at issue is an active pharmaceutical ingredient composed of a broad-spectrum antibiotic. It has been approved by the Food and Drug Administration for maintaining the health of livestock, including the treatment, prevention, and control of a wide range of respiratory and enteric diseases, and for aiding in the maintenance of weight gain in the presence of disease. It is primarily sold to feed mills, farmers, and manufacturers of medicated feed and related articles.

The CIT agreed with the plaintiff that this product is an antibiotic under HTSUS heading 2941 because its only active ingredient is a recognized antibiotic and its inactive ingredients are permissible impurities resulting from the manufacturing process.

The government argued in favor of its original classification of the product as a preparation for animal feed under HTSUS 2309.90.95 (1.4 percent duty). The court rejected this idea, pointing out that the product cannot be fed directly to animals, is not a significant source of nutrients for them, and is not a premix used in making complete or supplementary feeds.