CLA-2 CO:R:C:F 957055 ALS
Mr. Chris Floersch
Union Transport Corp.
5422 W. Rosecrans Ave.
Lawndale, CA 90260
RE: Modification of New York Ruling Letter (NYRL) 898744, Dated
July 11, 1994, Concerning Dog Chew Bones from Italy
Dear Mr. Floersch:
This is in reference to your letter of July 27, 1994, to the
Area Director of Customs, New York Seaport Area, as to the
subheading citation in NYRL 898744. Your inquiry was referred to
his office for consideration.
FACTS:
The dog chew bone which was the subject of the referenced
ruling was 100 percent composed of a commodity known as Mater Bi,
a bioplastic composed of a plastic material based on natural
biodegradable polymers. It was composed of 60 percent natural
starch and 40 percent copolymers.
After reviewing this matter, we noted that, although the
Harmonized Tariff Schedule article description and the duty rate
for the article described in the aforementioned ruling conformed
to the article under consideration, the subheading cited was for
"molded or carved articles of wax." The instant article was not
an article of wax. This apparent conflict was the result of the
use of an incorrect seventh digit in the subheading citation.
Your letter of July 27, 1994, to the Area Director noted this
discrepancy and asked whether subheading 9602.00.5000 was the
correct classification.
ISSUE:
Was subheading 9602.00.5000, HTSUSA, as suggested by the
inquirer, the correct classification?
- 2 -
LAW AND ANALYSIS:
We discussed the matter with the Area Director's office and
confirmed that it intended to provide the subheading for the
article description and duty rate noted, i.e., 9602.00.5000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). We have concluded that a clerical error, as that term
was described in Treasury Decision 54848, has occurred.
HOLDING:
The tariff classification subheading for dog chew bones is
9602.00.5000, HTSUSA. Accordingly, NYRL 898744 is hereby
modified to reflect that subheading citation.
Since this modification of NYRL 898744 is to correct a
clerical error, we find that the exclusion in section 625(c)(1),
Tariff Act of 1930, as amended (19 U.S.C. 1625(c)(1)) is hereby
applicable and that publication of this modification in the
Customs Bulletin is not required.
Sincerely,
John Durant, Director
Commercial Rulings Division