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NY R03693




May 2, 2006

CLA-2-44:RR:NC:2:230 R03693

CATEGORY: CLASSIFICATION

TARIFF NO.: 4403.20.0065

Mr. Anton Geshel
Vinko International LLC
1163 S. Main St., Suite 126
Chelsea, MI 48118

RE: The tariff classification of wood sticks with bark from China

Dear Mr. Geshel:

In your letter dated April 7, 2006 you requested a tariff classification ruling.

The ruling was requested on small wood sticks to be used as “chews” by pet animals. The sticks consist of Chinese fir in the natural state with the bark intact. The sticks are cut to a length of approximately 100 mm and range in diameter from 7 mm to 9.5 mm.

The applicable subheading for the wood sticks described above will be 4403.20.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared: Other, coniferous: Other (than pulpwood, poles, piles, posts, logs or timber). The rate of duty will be free.

We note that the importation of any wooden log, limb, branch or twig greater than 1 centimeter with intact bark that originates in China, and any manufactured article containing any wooden log, limb, branch or twig greater than 1 centimeter with intact bark that originates in China, is presently suspended by the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS). In a telephone conversation with this office, you stated that you are aware of this suspension and that you will only be importing wood sticks with bark that are under 1 centimeter in diameter.

Although not suspended, the importation of wood sticks under 1 centimeter in diameter, as described above, is subject to inspection and import regulations administered by the USDA. Information regarding applicable regulations administered by the USDA may be obtained from that agency’s website at www.aphis.usda.gov or may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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