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NY A82275




April 25, 1996

CLA-2-44:RR:NC:GI:230 A82275

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Mr. John Harkai
Petpalz
274 Pointe Coupee
Rigaud, Quebec, Canada J03 1P0

RE: The tariff classification of wooden pet toys (wooden swings and ladders, for birds) from Canada.

Dear Mr. Harkai:

In your letter dated April 10, 1996, you requested a tariff classification ruling. Five samples, all combination toy/snack items designed to offer activity, amusement, and/or food to pet birds, were submitted for our examination.

The first three articles are identified as follows: #314 (wooden swing for large birds), #231 (wooden ladder swing for medium size birds) and #215 (wooden swing for medium size birds). All of these are made essentially of worked wooden dowel sections which have been assembled together in various configurations, along with metal chains, couplings and hooks. Also attached to the articles are "food treats," pellets composed of flour, seeds, flavor- ings and the like. Component breakdowns included in your letter indicate that each of these three models is composed of 85% wood, 5% metal parts and 10% food.

The applicable subheading for the #314, #231 and #215 swings and ladder swings for birds will be 4421.90.9840, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other (non-enumerated) articles of wood. The general rate of duty will be 4.4%.

Your inquiry does not provide enough information for us to give a classification ruling on Article #206 ("Polyknockers Toy and Food Treat") or Article #101 ("Food Chain"). For the bird-food "treat" portion of each of these products, please provide a breakdown, by weight and by value, of all ingredients. Also, indicate the specific kind of cereal grain used in the flour.

The three samples ruled upon in this letter are being returned to you. The other two are being retained for future reference, pending receipt of the additional information requested.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 (212) 466-5779.

Sincerely,

Roger J. Silvestri

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