The tariff classification of a cat “self-groomer and massager all-in-one” from China.

N254196 July 2, 2014 CLA-2-96:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9603.90.8050 Jennie Crossley Executive Vice President Allstar Marketing Group, LLC 2 Skyline Drive Hawthorne, NY 10532 RE: The tariff classification of a cat “self-groomer and massager all-in-one” from China. Dear Ms. Crossley: In your letter dated June 5, 2014, you requested a tariff classification ruling. Model number PR011106, is the “Purrfect Arch™.” The Purrfect Arch is a self-groomer and massager, all-in-one device intended for use with cats. The item includes one self-groomer which acts as a brush and one bag of catnip. The item consists of a base with an overlay of carpet and a bristle arch, attached together. This item easily assembles by attaching the bristle arch into the carpeted base, followed by the sprinkling of catnip directly to the carpet or into the base itself. Marketing literature indicates that the item stops shedding and scratching to keep your home hair-free. The Explanatory Notes (ENs), which constitute the official interpretation of the Harmonized Tariff Schedule of the United States (HTSUS) at the international level, state in Note X to Rule 3 (b) of the General Rules of Interpretation (GRIs), that the term “goods put up in sets for retail sale” means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need and carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Because the bristle arch brush and catnip are classified in two different headings of the HTSUS; are used together for attracting the cat to rub against the bristle arch brush, which allows for the removal of dander (dried flakes of skin) and hair; and are packaged together for retail sale, we find that the Purrfect Arch falls within the term goods put up in sets for retail sale. Under the GRIs to the HTSUS, specifically at GRI 3 (b), composite goods and sets will be classified as if consisting of the material or component which gives them their essential character, insofar as this criterion is applicable. The ENs to the HTSUS, GRI 3 (b) (VIII), state that “the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.” When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of that material or component which imparts the essential character to the composite good or set. In this case, it is the bristle arch brush that imparts the essential character to the good, in that the brush is the mechanism that stops the shedding and scratching of the cat by the removal of dander and hair, thus providing a hair-free home. The applicable subheading for the Purrfect Arch will be 9603.90.8050, HTSUS, which provides for “Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): Other: Other: Other.” The rate of duty will be 2.8 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 Neil H. Levy at E-mail address: neil.h.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division