CLA-2-11:OT:RR:NC:N2:231
Mr. Edward J. Artigas
A Customs Brokerage
1900 NW 97th Avenue
Doral, FL 33172
RE: The tariff classification of cat litter from Brazil.
Dear Mr. Artigas:
In your letter dated July 9, 2015 you requested a tariff classification ruling on three types of cat litter.
The first type, “Bio Fina,” is said to consist of 65% dehydrated cornstarch and 35% dehydrated cassava starch. The product is in a fine ground form and is biodegradable.
The second type, “Bio Grossa,” has the same composition and biodegradability, but a “more coarse grind.”
The applicable subheading for the above-described “Bio Fina” and “Bio Grossa” cat litters will be 1108.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for starches: corn (maize) starch: other. The general rate of duty will be 0.54 cents per kilogram.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Articles classifiable under subheading 1108.12.0090, HTSUS, which are products of Brazil may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
Your inquiry does not provide enough information for us to give a classification ruling on the third type of cat litter (“Classic”) listed in your letter. Your request for a classification ruling on that product should respond to the following:
Please explain how the dolomite, cornstarch, and cassava starch are combined. Are the loose granules simply mixed together, or are the components pelletized or otherwise permanently affixed to each other? Please explain and describe.
Does the dolomite consist of natural stone which was derived from the earth? If so, please provide the precise source and method of derivation. Does it consist of a mineral material other than stone, a synthetic chemical, or another form of material? Does it consist of stone, a mineral material, or a chemical agglomerated with a binding material (e.g., cement, plastics resin, lime, glue, etc.)? If so, please specify.
If it is a mineral material other than stone, please indicate the precise chemical/mineral name of this material. If it is a synthetic chemical, please explain and indicate the precise chemical name of this material. If it consists of an agglomeration, please specify the binding material and indicate whether the stone/mineral material and the binding material are uniformly agglomerated throughout the body of this portion of the article.
Please list all processes performed on the dolomite throughout the manufacturing process, e.g., crushing, calcining, sintering, etc. If thermally treated, please list the temperature to which it is heated.
If the dolomite component is imported simply mixed with the starches, please provide a 16 ounce sample of the dolomite only plus a separate 16 ounce sample of the litter in its imported condition. If the dolomite component and the starch components are permanently affixed to each other, please provide a 16 ounce sample of the litter in its imported condition.
When this information is available, you may wish to consider resubmission of your request with respect to the “Classic” cat litter. If you decide to resubmit your request, please include a copy of this letter.
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 Nathan Rosenstein at the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division