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NY H81121




July 5, 2001

CLA-2-44:RR:NC:2:230 H81121

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Ms. Joanne Weber
Hartz Mountain Corp.
400 Plaza Drive
Secaucus, NJ 07094-3688

RE: The tariff classification of wood and rawhide pet bird toys from China

Dear Ms. Weber:

In your letter dated May 14, 2001 you requested a tariff classification ruling and that confidential treatment be given. Your request for confidential treatment was reviewed and denied. A letter regarding this matter was sent to you on June 8, 2001.

The products to be classified are two pet bird toys, your item numbers 3270098535 and 3270098536. A sample of each product was submitted. The samples are hanging toys approximately eight inches long attached to metal rings with chains and screw clip fasteners. Item number 3270098535 consists of wood beads and thin colored rawhide chips both in various shapes, colors and sizes strung on a sisal rope. There are more and larger wood beads than there are rawhide chips. Item number 3270098536 consists of five round variously colored wood beads alternately strung with four thin colored rawhide chips on a sisal rope.

Classification of goods under the Harmonized Tariff Schedule is governed by the General Rules of Interpretation (GRI’s). GRI 3 (b) provides that goods made up of different components shall be classified according to the component which gives them their essential character.

The essential character of the products described above is imparted by the wood. The wood beads constitute the greater quantity and value of both products.

The applicable subheading for the wood and rawhide pet bird toys (item # 3270098535 and # 32700987536) will be 4421.90.9840, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of wood. The rate of duty will be 3.3 percent ad valorem.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski

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