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NY L86031




July 22, 2005

CLA-2-23: RR: NC: SP: 231 L86031

CATEGORY: CLASSIFICATION

TARIFF NO.: 2309.90.9500

Mr.Haiying Guo
Landy Corporation
33309 1st Way South (Suite A205)
Federal Way, WA 98003

RE: The tariff classification of dried and coated sweet potato dog treats from China.

Dear Mr. Guo:

In your letter dated June 11, 2005 you requested a tariff classification ruling.

The merchandise, designated as “Dr-Chew Treats” are sweet potato (Ipomoea Batatas) dog treats that are cooked, peeled, sliced, dried and spray coated (10 percent, by weight) with a mixture of several nutrient ingredients. The individual pieces appear to be cross-sectional slices of the sweet potato, about a quarter inch, or so, thick.

The applicable subheading for” Dr-Chew Treats” will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding, other, other, other, other, other. The rate of duty will be 1.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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 Thomas Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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