CLA-2 RR:TC:FC 957664
Director, National Commodity
New York Seaport
U.S. Customs Service
6 World Trade Center, Room 423
New York, New York 10048
RE: Double Difference; Mounted Animals and Animal Heads
In a memorandum from your office dated March 1, 1995, you
reported a difference with the Port of Champlain concerning the
classification of mounted animals and animal heads. Our decision
We do not have a complete description of the merchandise
other than for information obtained from a commercial invoice.
Samples, pamphlets, and photographs were not submitted. The
commercial invoice lists various mounted animals, mounted fish
and various animal racks and traps. We are concerned with the
mounted animals and mounted fish.
The issue is whether the mounted animals and mounted fish
may be classified as collector's items in subheading 9705.00.00,
Harmonized Tariff Schedule of the United States (HTSUS).
LAW AND ANALYSIS:
Subheading 9705.00.0090, HTSUS, covers, in part, other
zoological collections and collectors's pieces, with a free rate
Headquarters Ruling Letter (HRL) 952687, dated April 30,
1993, concerned a sailfish or a stingray caught in Atlantic
waters by a sportsman that was sent to a taxidermist who molds
fish for reproduction of body shape. After the fish parts were
separated and preserved, the body parts were reproduced using
plastic reinforced by fiberglass. The teeth, fins, skin, and
tail were added to the plastic body along with appropriate
coloration. The fish was then mounted for exhibition. The
Explanatory Notes to the Harmonized Commodity Description and
Coding System for heading 9705 was cited which indicates that the
articles covered by heading 9705 "are very often of little value
but derive their interest from their rarity, their grouping or
other presentation" and the heading includes "dead animals of any
species, preserved dry or in liquid."
In HRL 952687, dated April 30, 1993, we revoked New York
Ruling Letter 873192, dated April 23, 1992, and held that the
fish, preserved with fiberglass reinforced plastic and mounted
are classified in subheading 9705.00.0090, HTSUS, free of duty.
Mounted animals or mounted animal heads and mounted fish
that have been preserved dry or in liquid, may be classified as
other collections and collector's pieces of zoological interest,
in subheading 9705.00.0090, HTSUS, free of duty.
John Durant, Director