The tariff classification of "Esperanza" brand "Active Cat Hairball and Parasite Remedy" and "Don’t Bug Me!! Flea, Tick, Mite and Parasite Remedy" from Canada.

NY I83323 June 20, 2002 CLA-2-23:RR:NC:2:231 I83323 CATEGORY: Classification TARIFF NO.: 2309.90.9500; 3808.90.7000 Mr. David Pentland Carson Custom Brokers (USA), Inc. P.O. Box 653 Blaine, WA 98231 RE: The tariff classification of “Esperanza” brand “Active Cat Hairball and Parasite Remedy” and “Don’t Bug Me!! Flea, Tick, Mite and Parasite Remedy” from Canada. Dear Mr. Pentland: In your letter, dated June 5, 2002, you requested a tariff classification ruling on behalf of your client, Canadian Holistic Pet Care Company Limited, Maple Ridge, British Columbia. The merchandise is described thus: “Esperanza” brand “Don’t Bug Me!! Flea, Tick, Mite and Parasite Remedy” is a pesticide, in powdered form, for pets. The ingredients are diatomaceous earth and pennyroyal leaf. The product is packed for retail sale in a plastic bottle. The net weight is 120 grams. The preparation, designed to rid pets of pests, may be used externally or ingested with food. Diatomaceous earth is the powdered fossilized remains of microscopic, crystalline-shelled ocean organisms that are mined from the earth from dried seabeds. It works mechanically by scratching the outer shell of the insect and causing it to dehydrate and die. Pennyroyal leaf is a fragrant, natural herbal insect repellent that provides added protection against pests. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact the agency at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092. “Esperanza” brand “Active Cat Hairball and Parasite Remedy” is a food supplement, in powdered form, for cats. The ingredients are diatomaceous earth, bromelain enzyme, catnip, mint, and psyllium husks. The product is packed for retail sale in a plastic jar. The net weight is 36 grams. The preparation is designed to rid cats of hairballs and intestinal parasites. It is designed to be mixed into pets’ food. This merchandise may be subject to additional regulations or requirements administered by the U.S. Food and Drug Adminsitration (FDA). Inquiries may be addressed to that agency, the Division of Import Operations and Policy, at 5600 Fishers Lane, Rockville, MD 20857. The applicable subheading for “Don’t Bug Me!! Flea, Tick, Mite and Parasite Remedy” (item 1) will be 3808.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers), other, other, other, containing an inorganic substance. The general rate of duty will be 5 percent ad valorem. The applicable subheading for “Active Cat Hairball and Parasite Remedy” (item 2) will be 2309.90.9500, HTS, which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The general rate of duty will be 1.4 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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