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HQ 958035




October 4, 1995

CLA-2 CO:R:C:T 958035 SK

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Darrell Sekin, Jr.
DJS International Services, Inc.
P.O. Box 612785
DFW Airport, Texas 75261

RE: Affirmation of DD 809590 (5/10/95); classification of a textile pet carrier; carrying case; container; 4202.92.9025, HTSUS; not saddlery or harness of heading 4201, HTSUS; not similar to pet equipment such as leashes, collars muzzles, harnesses; NYRL’s 805859 (1/24/95); 804677 (12/2/94); HRL’s 081724 (11/28/89); 085514 (10/3/89).

Dear Mr. Sekin:

On May 10, 1995, the Customs District of Miami issued you District Ruling (DD) 809590 in which a soft-sided, man-made fiber pet carrier was classified as a container under subheading 4202.92.9025, Harmonized Tariff Schedule of the United States (HTSUS). On May 15, 1995, you petitioned this office to reconsider the classification determination set forth in that ruling. Specifically, you request that the subject pet carrier be classified under subheading 4201.00.3000, HTSUS, which provides for, in pertinent part, “[D]og leashes, collars, muzzles, harnesses and similar dog equipment.” No sample of the merchandise was submitted to this office for examination.

FACTS:

The subject article is a soft-sided pet carrier bag with an outer surface of man-made fibers. Three sides of the bag are constructed from an open mesh fabric and the bag features a double strap handle and a textile shoulder strap. The pet carrier measures approximately 10 inches by 11 inches by 19 inches.

ISSUE:

Whether the subject pet carrier is classifiable as an “other container” under subheading 4202.92.9025, HTSUS, or under subheading 4201.00.3000, HTSUS, which provides for “dog leashes, collars, muzzles, harnesses and similar dog equipment?”

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be in accordance with the terms of the headings and any relevant section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied in the order of their appearance.

In your submission to this office, you state that the subject pet carrier is properly classifiable under subheading 4201.00.3000, HTSUS, which provides for, “[S]addlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material: dog leashes, collars, muzzles, harnesses and similar dog equipment.”

Webster’s New Collegiate Dictionary, (1977), describes the terms set forth in subheading 4201.00.3000, HTSUS, in the following manner:

* leash, at page 655: “a line for leading or restraining an animal;”

* collar, at page 220: “a band about the neck of an animal;”

* muzzle, at page 760: “a fastening or covering for the mouth of an animal used to prevent eating or biting;”

* harness, at page 524: “the gear other than a yoke of a draft animal.”

Based on the dictionary definitions set forth above, the enumerated articles described in the text of subheading language of 4201.00.3000, HTSUS, are all items which are designed to be affixed to, or worn by, a dog. As the pet carrier at issue is a container designed to transport animals, this office is not of the opinion that it may be deemed equipment that functions in a similar manner to leashes, collars, muzzles and harnesses. Moreover, subheading 4201.00.3000, HTSUS, provides for dog equipment; the pet carrier at issue is not dedicated for use solely by dogs.

We further note that the subject pet carrier is not classifiable under subheading 4201.00.6000, HTSUS, which provides for “other” types of “saddlery and harness for any animal.” The definition of “saddlery”as provided for in Webster’s New Collegiate Dictionary, reads, “[T]he trade, articles of trade, or shop of a saddler.” The same source defines “saddler” as one who “[M]akes, repairs, or sells saddles and other furnishings for horses.” The pet carrier is not akin to saddles or other furnishings for horses, nor is it similar to harnesses as discussed supra.

Subheading 4202.92.9025, HTSUS, provides for, in pertinent part, other containers with outer surface of sheeting of plastic or of textile materials. Customs has previously classified pet carriers under heading 4202, HTSUS. See New York Ruling Letter (NYRL) 805859, dated January 24, 1995, and NYRL 804677, dated December 2, 1994. In Headquarters Ruling Letter (HRL) 081724, dated November 28, 1989, this office determined that plastic top and bottom components of a pet carrier were classifiable under heading 3926, HTSUS, but acknowledged that the completed or finished pet carrier would have been classifiable under heading 4202, HTSUS. In HRL 085514, dated October 3, 1989, this office held that baskets used to transport pigeons were classifiable under subheading 4202.99.0000, HTSUS (now provided for in subheading 4202.99.9000, HTSUS). This office concurs with Customs’ previous determinations that pet carriers are classifiable as containers of heading 4202, HTSUS. The subject pet carrier is a specially shaped and fitted container or case designed to contain a personal property (i.e. a dog or cat). It is designed to provide storage, protection and portability for the pet and, as such, is properly classifiable as a container under subheading 4202.92.9025, HTSUS.

HOLDING:

DD 809590 is affirmed.

The subject pet carrier is classifiable under subheading 4202.92.9025, HTSUS, which provides for, in pertinent part, other containers with outer surface of sheeting of plastic or of textile materials, other, other, of man-made textile materials. The applicable rate of duty is 19.8 percent ad valorem and the textile quota category is 670.

The designated textile and apparel categories may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service which is updated weekly and is available for inspection at a local Customs office.

Due to the nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact a local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Tariff Classification Appeals Division


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