The tariff classification of pet toys from China

N300219 September 19, 2018 CLA-2-56:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5609.00.3000; 6307.90.7500; 8479.89.9499 Ms. Carol Robertson Carmichael International Service 533 Glendale Boulevard Los Angeles, CA 90026 RE: The tariff classification of pet toys from China Dear Ms. Robertson: In your letter dated August 22, 2018, you requested a tariff classification ruling on behalf of your client, Worldwise, Inc. You submitted five samples of cat toys. Samples will be returned as requested. Item number 49224-99997-024 Petlinks, “Happy Nip Electronic Light Up Lemur” is designed to encourage the predatory nature of a cat. The toy is constructed from a knit polyester pile fabric for the body with an attached head and tail made to resemble a lemur. It is stuffed with 100 percent recycled plastic filler, catnip and sliver vine. The toy features light up lemur eyes. Batteries are sewn into the item and are not replaceable. Item number 39334-99917-024 Smarty Kat Electronic Bird Sound Toy, “Chickadee Chirp” is designed to encourage the predatory nature of a cat. The toy is constructed from polyester pile fabric in the shape of a bird. It is stuffed with 100 percent recycled plastic filler and organic catnip and it can be refilled with an additional small refillable bag held in place with hook and loop tape sewn onto the bottom of the item. There is also an electronic sound module that emits a “lifelike” electronic bird call. Batteries are sewn into the item and are not replaceable. Item number 49480-97997-012, Petlinks “Electronic Motion Toy Mystery Motion” is designed to replicate the movements of hidden prey.  The device features a plastic base, a woven fabric circular cover and an 8-inch wand with feathers and 2-inch tassel cords at the end.  The wand spins underneath the fabric cover. The mechanical function of the device is the movement of the wand.  This rotating movement entices the cat to chase the moving feather wand. The battery-operated device can be operated at speeds of slow, medium, fast or random.  Batteries are not included. Item 49472-99927-024 Petlinks, “Twinkle Chute” is designed to be a hiding place or play shelter. The chute is constructed of 100 percent woven polyester fabric on the outside and lined with a 100 percent Polyethylene terephthalate (PET) sheeting material. The fabric covers a pop-up metal wire steel frame. The chute features a battery operated touch-activated light and the PET material makes a “crinkle” sound when the cat is inside. Batteries are not included. Item 73045-98997-024 GoDog, “RopeTek” is designed to be an interactive tug and revival toy. The rope is constructed of a nylon braided climbing rope partly covered with a reinforced thermoplastic rubber. The rope is in the shape of a figure eight and features a ball of rubber in the middle. The applicable subheading for Item 73045-98997-024 GoDog, “RopeTek” will be 5609.00.3000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 4.5 percent ad valorem. The applicable subheading for three items: item number. 49224-99997-024 Petlinks, “Happy Nip Electronic Light Up Lemur”; item number 39334-99917-024 Smarty Kat Electronic Bird Sound Toy, “Chickadee Chirp” and item number 49472-99927-024 Petlinks, “Twinkle Chute” will be 6307.90.7500, HTSUS, which provides for other made up textile articles; toys for pets of textile materials other. The rate of duty will be 4.3 percent ad valorem. The applicable subheading for item number 49480-97997-012, Petlinks “ Electronic Motion Toy Mystery Motion”, will be 8479.89.9499, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other”. The rate of duty will be 2.5 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 the World Wide Web at https://hts.usitc.gov/current. 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 Adleasia Lonesome via email at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division