Animal feed enzyme premixes classified under heading 2309, not as enzymes under heading 3507.

Enzyme-based products imported for use in animal feed were treated as compound preparations rather than mere enzymes, because they contained active enzymes with carriers, preservatives, stabilisers and other inactive ingredients and were intended for a specific feed use. Applying Chapter Note 1 to Chapter 23 and the HSN Explanatory Notes, the ruling accepted trade evidence, end-use material, manufacturer literature, animal-grade certification, test reports and departmental circulars to hold that such premixes are preparations of a kind used in animal feeding. The exclusion for Chapter 35 protein substances did not apply. The goods were therefore classifiable under heading 2309, specifically subheading 23099090, and not under heading 3507.

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Issues: Whether the 17 enzyme-based products imported for use in animal feed were classifiable under heading 2309 as preparations of a kind used in animal feeding, or under heading 3507 as enzymes and prepared enzymes.

Analysis: The products were found to be compound preparations consisting of active enzymes together with carriers, preservatives, stabilisers and other inactive ingredients, and were intended for specific use in animal feeding. The heading 2309 framework, including the chapter note and the HSN explanatory notes, was applied to treat premixes and similar preparations used in animal feed as classifiable under that heading. The available trade evidence, end-use material, manufacturer literature, certificate of animal-grade use, test reports and departmental circulars supported the conclusion that the goods were known in trade as animal feed preparations. The exclusion for protein substances of Chapter 35 was held not to apply because the goods were not mere enzymes, but prepared products with specific use in feed.

Conclusion: The goods were held classifiable under heading 2309 and specifically under subheading 23099090, and not under heading 3507.

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