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NY H81122




July 5, 2001

CLA-2-44:RR:NC:2:230 H81122

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 a wood and sisal pet bird toy 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 was sent to you on June 8, 2001.

The product to be classified is a pet bird toy, your item number 3270098537. A sample of the product was submitted. The sample is an eight inch long hanging toy attached to a metal ring with a chain and a screw clip fastener on top. The toy consists of wood beads in various shapes, colors and sizes strung on three twisted sisal ropes. Tied around in a circle on top of the beads are several dangling sisal ropes with slightly unraveled ends.

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 product described above is imparted by the wood. The wood beads constitute the greater area, weight and value of the product.

The applicable subheading for the wood and sisal pet bird toy (item # 3270098537) 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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