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NY F84480




March 24, 2000

CLA-2-23:RR:NC:2:231 F84480

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.10.0010; 2309.90.1050

Ms. Patti Mirrett
Potsie’s Organic
12513 203rd Street
Maple Ridge, British Columbia V2X 4W3
Canada

RE: The tariff classification of dog biscuits from Canada.

Dear Ms. Mirrett:

In your letter, dated March 7, 2000, you requested a classification ruling.

The merchandise is comprised of dog biscuits. All products are made from the same ingredients, namely, organic Kamut flour, organic rice flour, organic oats, organic sunflower seeds, hemp oilcake, unsulphured molasses, kelp, water, and organic wholesalt. The items are described thus:

“Audley’s Choice” brand “Organic Star Doggy Treat.” The sample consists of an assortment of hard, brown dog snacks of 1 to 2 ounce pieces in the shapes of hearts and stars. The net weight is 300 grams. The product is packed in a brown paper bag. “Audley’s Choice” brand “Organic Star Doggy Treat.” The sample is comprised of small, bite size cubes that measure ½ inch at the side. The net weight is 300 grams. The product is packed in a brown paper bag. “Loose Treats.” The sample consists of an assortment of hard, brown dog snacks in the shapes of hearts and stars. There are 2 large stars and 2 small hearts per package. The product is packed in a brown paper bag. “Loose Treats.” The sample is comprised of an assortment of hard, brown dog snacks in the following shapes: a) small, diamond-shaped, bite size pieces, and b) small, bone-shaped pieces that measure 2 ½ to 3 inches in length. The product is packed in a brown paper bag.

These items will be imported both packed for retail sale and in bulk containers.

The applicable subheading for dog biscuits, if packed for retail sale, will be 2309.10.0090, HTS, which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, other. The rate of duty will be free.

The applicable subheading for dog biscuits, if imported in bulk, will be 2309.90.1050, which provides for preparations of a kind used in animal feeding, other, mixed feeds or mixed feed ingredients, other. The rate of duty will be free.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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