CLA-2-23: RR: NC: 2:231 L85226
Mr. Brett Weinberg
Eight in One Pet Products
2100 Pacific Street
Hauppauge, NY 11788-4737
RE: The tariff classification of bird and small animal treats from China or Germany.
Dear Mr. Weinberg:
In your letter dated May 23, 2005 you requested a tariff classification ruling.
The pet treats in question are mixtures of grains, which consist of not less than 6 percent by weight of grain or grain products and are described as follows:
“Parakeet Honey Bars” (Item # A12822) are comprised of white millet, canary grass and other seeds, oat groats, wheat, honey and other additives. The merchandise is packaged in a plastic-faced blister pack with four 3 ¾-inch long x 1 ½-inch wide individual honey bars per pack.
“Parrot Fruit and Honey Bar” (Item # C1296) is comprised of oat groats, whole corn, wheat, dried fruit, assorted seeds and other ingredients and additives. The merchandise is packaged in a plastic-faced blister pack with one 7 ½ -inch long x 1 ½-inch wide bar per pack.
“Cockatiel Fruit & Honey Bars” (Item # C12922) are comprised of white millet, canary grass and other seeds, wheat, oat groats, dyed horse oats mix, fruit granules, honed and other ingredients and additives. The merchandise is packaged in a plastic-faced blister pack with two 7 ½ -inch long x 1 ½-inch wide bars per pack.
“Hamster & Gerbil Crispy Honey Bar” (Item # E332) is comprised of white millet, wheat, buckwheat, safflower and sunflower seeds, honey and other ingredients and additives. The merchandise is packaged in a plastic-faced blister pack containing one 7 ½ -inch long x 1 ½-inch wide bar per pack.
“Rabbit & Guinea Pig Crispy Honey Bar” (Item # G375) is comprised of wheat, buckwheat, whole corn, oat groats, safflower and sunflower seeds, honey and other ingredients and additives. The merchandise is packaged in a plastic-faced blister pack containing one 7 ½ -inch long x 1 ½-inch wide bar per pack.
The applicable subheading for the “Parakeet Honey Bars” (Item # A12822), “Parrot Fruit and Honey bar” (Item # C1296) and the “Cockatiel Fruit & Honey Bars” (Item # C12922) will be 2309.90.1005, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, bird seed. The rate of duty will be Free.
The applicable subheading for the “Hamster & Gerbil Crispy Honey Bar” (Item # E332) and “Rabbit & Guinea Pig Crispy Honey Bar” (Item # G375) will be 2309.90.1015, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other pet food, put up for retail sale. The rate of duty will be Free.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at 646-733-3030.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division