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NY J88828




September 22, 2003

CLA-2-63:RR:NC:N3:351 J88828

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Elizabeth Defterderian
Director of Operations
15955 Strathern St.
Van Nuys, CA 91406-1313

RE: The tariff classification of a pet bed from China.

Dear Ms. Defterderian:

In your letter dated Sept. 10, 2003, you requested a ruling on tariff classification.

You submitted a sample of a pet bed, item number 03/0004. It is formed of 1¾” foam covered on the inside (that is, where the animal would sleep) with a fleece fabric and on the outside with a woven fabric. The cover has a zipper to enable it to be removed, presumably for washing. The pet bed is oval in shape and measures approximately 20” across by 14” front to back by 8” tall.

Included with the bed is a pillow that fits into the bottom of the pet bed. It is covered with the same fabrics, fleece on top and woven on the bottom. It is filled with millet husks. Sewn onto the pillow is a blanket of pile fabric. For tariff purposes, the bed and fitted pillow (with the attached blanket) are considered a set and will be classified by that part which imparts the essential character. It is the opinion of this office that the bed itself imparts the essential character of the set.

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. At this time there are no quota or visa restrictions on merchandise classified in subheading 6307.90.9889.

You ask if this product requires fumigation prior to importation, presumably because of the millet. Please be advised that this would not be within the purview of the Bureau of Customs and Border Protection. This product may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236

Telephone number: 877-770-5990

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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