The tariff classification of a pet toy from China

N314727 October 19, 2020 CLA-2-76:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 7615.10.9100; 9903.88.15 Mr. John H. Cogswell Pacific Rim Resources Ltd. DBA Busy Bird 190 West Rafferty Gardens, Ave #3 Littleton, Colorado 80120 RE: The tariff classification of a pet toy from China Dear Mr. Cogswell: In your letter dated September 22, 2020, you requested a tariff classification ruling. Photographs of the item were submitted along with your ruling request. A photograph of the retail packaging showing the UPC barcode labeling was also submitted. The item under consideration is called the Busy Box, item #860001766844. It is a toy designed for the entertainment of pet parrots. The Busy Box is comprised of 95% extruded aluminum and 5% steel. The Busy Box consists of an aluminum cube, 3 aluminum threaded rods, 5 aluminum wing nuts, two removable aluminum flat square sides, a steel eyehook, and an aluminum hanger assembly. The hanger assembly consists of a 5 ¼ inch aluminum rod, designed to be mounted to the top or to the side of the birdcage, and secured with an aluminum wing nut. The cube is red in color and measures approximately 6 inches long by 6 inches wide by 6 inches high. The front- and back-facing sides of the cube are open-ended, and are designed to be covered with one of the flat aluminum squares. Each flat aluminum square contains two holes, through which threaded rods are inserted and secured using wing nuts. One side face of the cube also features a hole, through which a rod may be threaded and secured with a wing nut. The eyebolt is installed through the top face of the cube, so that the toy may be suspended from the hanger assembly. In use, the owner inserts a food treat in either open end of the box. The open end is then closed by tightening the wing nuts. The parrot must take apart the box by unscrewing the wing nuts and releasing the sides to get the food treat. The applicable subheading for the Busy Box, item #860001766844 will be 7615.10.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Table, kitchen or other household articles and parts thereof, of aluminum: Other: Other.” The rate of duty will be 3.1 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. Please be advised that the Busy Box from China may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7615.10.9100, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7615.10.9100, 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 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 Dana L. at Dana Giammanco at dana.l.giammanco@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division