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NY H86132




January 11, 2002

CLA-2-63:RR:NC:N3:351 H86132

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Jim Bailey
WC Operations Manager
Apogee Enterprises, Inc.
177 Telegraph Road, Suite 584
Bellingham, WA 98226

RE: The tariff classification of textile pet enclosure.

Dear Mr. Bailey:

In your letter dated December 31, 2001, you requested a ruling on tariff classification.

You submitted a sample of a “Reptarium,” described as “a naturalistic reptile habitat.” It is essentially a cage with a frame of polycarbon extruded tubing, connectors of ABS molded plastic, and sides of polyester machine-made mesh fabric. The sample measures 25” x 14.5” x 14.5” when assembled and is equivalent to a 22-gallon tank. Other sizes, as shown on the packaging, are 38-, 65-, 100-, 175-, and 260-gallon equivalents.

The essential character of the reptile cages is imparted by the textile mesh fabric. The mesh plays a greater role in giving the article its character than the plastic and it exceeds the plastic in surface area on all sizes.

The applicable subheading for this product will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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