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NY 803386

November 7, 1994

CLA-2-23:S:N:N7:231 803386


TARIFF NO.: 2309.10.0090

Ms. Karen MacPherson
Karen's K9 Cuisine Ltd.
Bay #1
4515-6A Street N.E.
Calgary, Alberta T2E 4B2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of dog biscuits from Canada; Article 509

Dear Mr. Calvart:

In your letter, dated October 7, 1994, you requested a ruling on the status of dog biscuits from Canada under the NAFTA.

The product is called "Karen's K9 Cookies." The ingredients of the dog biscuits are whole wheat flour, chicken liver, water, whole dried eggs, canola oil, garlic powder, caramel color, citric acid, and vitamin E. The net weight is 150 grams. Two other kinds of dog biscuits will be imported that are similar in packaging, weight, and content. They are cheese and onion dog biscuits and multi-grain blend dog biscuits. All of the processing and manufacturing of the finished products will be done in Canada.

The applicable tariff provision for the dog biscuits will be 2309.10.0090, HTS, which provides for preparations of a kind used in animal feeding, dog or cat food, put up for retail sale, other. The rate of duty will be free.

The dog biscuits, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

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