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NY R02157




August 8, 2005

CLA-2-38:RR:NC:2:239 R02157

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Ms. Jill Thurau
PETsMART, Inc.
19601 N. 27th Ave.
Phoenix, AZ 85027

RE: The tariff classification of “Dog & Cat Get Away”.

Dear Ms. Thurau:

In your letter dated June 17 2005, you requested a tariff classification ruling for “Dog & Cat Get Away” which is an animal repellent sold in liquid form. It is sprayed on a specific area to keep dog and cats away. It is composed of allyl isothiocyanate, capsaicin and related capsaicinoids, and vegetable and mineral oil.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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