The tariff classification of pet cage accessories from China

N036716 September 26, 2008 CLA-2-44:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4421.90.9760 Mr. Paul Vroman DHL Global Forwarding 2660 20th St. Port Huron, MI 48060 RE: The tariff classification of pet cage accessories from China Dear Mr. Vroman: In your letter dated August 20, 2008, on behalf of United Pet Group Inc., you requested a tariff classification ruling. The ruling was requested on three edible pet cage accessories, identified as the “Snak Shak™ Natural Hideaway”, the “Snak Shak™ Activity Log” and the “Jungle Talk Edible Perch.” Samples of the products were submitted for our review. The “Snak Shak™ Natural Hideaway” is a round birdhouse approximately 10” tall designed to be mounted on the inside side of a bird cage. It provides an area for a pet bird to hide away. The hideaway is molded using a mixture in water composed primarily of sawdust from pine wood shavings (35%) with modified starch (12%) and a small amount of alfalfa (1%). The mixture is set in a mold and then dried. In addition, the molded hideaway has a straw roof attached at the top and metal mounting hardware on the back. The “Snak Shak™ Activity Log” is a 5” long log shaped accessory designed to be put inside a small animal (hamster, gerbil, etc.) cage. The small pet can sit inside the log, climb on top of it or chew it. It is molded to shape using the same composition as the “Snak Shak™ Natural Hideaway”. The “Jungle Talk Edible Perch” is a 6” long spiral shaped perch for a pet bird, designed to be mounted on the inside side of a bird cage. It provides an area for the bird to sit on and to chew on. It is molded to shape using the same composition as the “Snak Shak™ Natural Hideaway”. In addition, it has metal mounting hardware attached at one end. The three products described above are marketed as being edible. However, the products are not intended to be a food source and have “minimal nutritional value.” They are primarily cage accessories that are safe to chew. The applicable subheading for the “Snak Shak™ Natural Hideaway”, the “Snak Shak™ Activity Log” and the “Jungle Talk Edible Perch” will be 4421.90.9760, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other articles of wood: Other (than certain enumerated articles). The rate of duty will be 3.3 percent ad valorem. 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/. 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 Paul Garretto at (646) 733-3035. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division