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HQ 957055




September 26, 1994

CLA-2 CO:R:C:F 957055 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9602.00.5000

Mr. Chris Floersch
Union Transport Corp.
5422 W. Rosecrans Ave.
Lawndale, CA 90260

RE: Modification of New York Ruling Letter (NYRL) 898744, Dated July 11, 1994, Concerning Dog Chew Bones from Italy

Dear Mr. Floersch:

This is in reference to your letter of July 27, 1994, to the Area Director of Customs, New York Seaport Area, as to the subheading citation in NYRL 898744. Your inquiry was referred to his office for consideration.

FACTS:

The dog chew bone which was the subject of the referenced ruling was 100 percent composed of a commodity known as Mater Bi, a bioplastic composed of a plastic material based on natural biodegradable polymers. It was composed of 60 percent natural starch and 40 percent copolymers.

After reviewing this matter, we noted that, although the Harmonized Tariff Schedule article description and the duty rate for the article described in the aforementioned ruling conformed to the article under consideration, the subheading cited was for "molded or carved articles of wax." The instant article was not an article of wax. This apparent conflict was the result of the use of an incorrect seventh digit in the subheading citation. Your letter of July 27, 1994, to the Area Director noted this discrepancy and asked whether subheading 9602.00.5000 was the correct classification.

ISSUE:

Was subheading 9602.00.5000, HTSUSA, as suggested by the inquirer, the correct classification?

LAW AND ANALYSIS:

We discussed the matter with the Area Director's office and confirmed that it intended to provide the subheading for the article description and duty rate noted, i.e., 9602.00.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have concluded that a clerical error, as that term was described in Treasury Decision 54848, has occurred.

HOLDING:

The tariff classification subheading for dog chew bones is 9602.00.5000, HTSUSA. Accordingly, NYRL 898744 is hereby modified to reflect that subheading citation.

Since this modification of NYRL 898744 is to correct a clerical error, we find that the exclusion in section 625(c)(1), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)(1)) is hereby applicable and that publication of this modification in the Customs Bulletin is not required.

Sincerely,

John Durant, Director
Commercial Rulings Division

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