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NY 896446

April 19, 1994

CLA-2-73:S:N:N3:113 896446


TARIFF NO.: 7323.99.9000

Mr. Gary Brunell
A.N. Deringer
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of pet starter sets from Canada

Dear Mr. Brunell:

In your letter dated March 28, 1994, on behalf of Rolf C. Hagen (USA), you requested a ruling on the status of pet starter sets from Canada under the NAFTA.

The merchandise is the Avant Parakeet Starter Set, a number of items used in the care of a parakeet. The set contains the Avant "Royale" Parakeet Cage, made of steel wire with a plastic top and bottom, a bag of seed mix, a parakeet treat, a cuttlebone with holder, gravel paper, and a plastic bag. With the exception of the gravel paper from Denmark and the cuttlebone from Japan, all of the items are made in Canada. The set will be assembled in Canada. In our opinion, the steel cage provides the essential character of the set.

The applicable tariff provision for the set will be 7323.99.9000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for table, kitchen or other household articles ... of iron or steel, other. The general rate of duty will be 3.4 percent ad valorem.

Each of the non-originating materials used to make the set has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/73. The set will be entitled to a 1.3 rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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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