CLA-2-14:OT:RR:NC:N2:231
Ms. Carol Robertson
Carmichael International Service
533 Glendale Blvd
Los Angeles, CA 90026
RE: The tariff classification of Catnip Sticks from China
Dear Ms. Robertson:
In your letter dated October 27, 2020, you requested a tariff classification ruling on behalf of Worldwise, Inc. (Novato, CA).
The subject merchandise is Smarty Kat Silly Sliver Sticks. The product is composed of Silver Vine (Matatabi) Sticks (also known as Actinidia polygama), a turkey feather boa (Meleagris gallopavo, also known as wild turkey), and a felt connector. The finished product, which is intended for use by cats, consist of five matatabi sticks with the feather placed at the tips and secured to the stick by the felt wrap/connector. You have stated that when the cat chews the stick, the purpose is to promote good dental health and to act like catnip, which will cause the cat to be mellow or increasingly playful.
In your letter, you have suggested classification in subheading 0604.90.3000 which provides for “Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached or otherwise prepared: Other: Other: Other.” We disagree. Although the product in question by its nature can be considered a part of plants, it is not intended for use in a bouquet or for ornamental purposes.
The applicable subheading for the Smarty Kat Silly Sliver Sticks will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable products not elsewhere specified or included: Other: Other.” The rate of duty will be Free.
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 the World Wide Web at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 1404.90.9090, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 1404.90.9090, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division