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NY N025705

April 14, 2008

CLA-2-23: OT: RR: NC: SP: 231


TARIFF NO.: 2309.10.0090

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The tariff classification of rawhide dog chews from China.

Dear Ms. Aldinger:

In your letter dated April 01, 2008, you requested a tariff classification ruling.

The submitted sample is described as “rawhide dog chews” which are edible dog treats. The ingredients include dried and dyed meat strips (chicken and pork), water, corn sugar, salt, a preservative (potassium sorbate) and natural rawhide. The final product consists of small meat strips that are intertwined with natural rawhide and shaped in the form of “mini” dog bones that are approximately 2 ½”(L) X 1”(W). The sample “rawhide dog chews” will be put up in a seven count plastic retail blister pack.

The applicable subheading for the “rawhide dog chews” will be 2309.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

We note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the rawhide dog chews will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, the dog chew will be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit.”

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 Nathan Rosenstein at 646-733-3030.


Robert B. Swierupski

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