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NY L80853

November 16, 2004

CLA-2-63:RR:NC:N3:351 L80853


TARIFF NO.: 6307.90.9889

Peter Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

RE: The tariff classification of a Pop-up Cat Tent from China

Dear Mr. Mento:

In your letter dated November 8, 2004, you requested a tariff classification ruling on behalf of Dallas Manufacturing Company of Dallas, Texas.

The submitted sample is identified as a Pop-up Cat Tent. Packaged in a vinyl pouch with a printed insert card, it has an approximate floor area of 18.5 inches by 18.5 inches and a height of 12 inches. The item can be collapsed and stored away.

The main outer shell fabric of the tent is 100 percent brushed tricot. The bottom fabric is 100 percent polyethylene woven fabric. The plush fabric in the inside bottom of the tent is 100 percent acrylic pile knit. The padding in the bottom is 100 percent polyester batting. The webbing is 100 percent polypropylene. The support rods are made of fiberglass.

The applicable subheading for the Pop-up Cat Tent will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample includes a textile pouch, approximately 6” x 7½”, containing catnip. You state that the actual imported pet tent will have a sealed plastic pouch containing less than half an ounce of catnip. We are unable to rule on the classification of this without an actual sample as it will be imported. In addition, please tell us the contents of the catnip mixture. When this is available, you may wish to consider resubmission of your request.

The sample will be returned as requested.

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.


Robert B. Swierupski

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