CLA-2-85: RR: NC: 1:112 K87024

Ms. Lesa Hubbard
JC Penny
P.O. Box 10001
Dallas, Texas 75031-0001

RE: The tariff classification of a battery operated pet dish from China.

Dear Ms. Hubbard:

In your letter dated June 8, 2004 you requested a tariff classification ruling.

The item in question is a battery operated feeding dish for pets. It is denoted as model number 808-0437. The feeding dish can be programmed so that the opening rotates every 6,12,24 hour feeding cycle. It has six food trays that will remain open until the next programmed feeding time.

The applicable subheading for the battery operated feeding dish, model 808-0437 will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus … not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division