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NY M83292




May 30, 2006

CLA-2-56:RR:NC:N3:351 M83292

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.1000

Lorianne Aldinger
Import Manager
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a dog toy from China

Dear Ms. Aldinger:

In your letter dated May 19, 2006, you requested a tariff classification ruling.

The submitted sample is identified as a “Cotton Rope Dog Toy” (Item #946512). It is a looped cotton rope that passes through a Y-shaped plastic tube. Below the tube, the rope passes through a tennis ball and is knotted at the end. You state that the item is composed of 70% cotton and 30% rubber. It measures approximately 14”L x 4”W. The ball is not an actual tennis ball; it does not bounce and the construction of the toy does not allow it to roll. The essential character of the toy is imparted by the cotton rope.

The applicable subheading for the dog toy will be 5609.00.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of yarn, strip, or the like of heading 5404 or 5405, twine, cordage, rope, or cables, not elsewhere specified or included: Of cotton. The rate of duty will be 2.9% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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