CLA-2-05:RR:NC:2:231 I83322
Mr. David Pentland
Carson Custom Brokers (USA), Inc.
P.O. Box 653
Blaine, WA 98231
RE: The tariff classification of dried fish snacks for cats and dogs from Canada.
Dear Mr. Pentland:
In your letter, dated June 5, 2002, you requested a tariff classification ruling on behalf of your client, Canadian Holistic Pet Care Company Limited, Maple Ridge, British Columbia.
The merchandise is described thus:
“Snack 21” brand “Herring Strips for Dogs.” The ingredients are 100 percent dried herring. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
“Snack 21” brand “Herring Steaks for Cats.” The ingredients are 100 percent dried herring. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
“Snack 21” brand “Salmon Strips for Dogs.” The ingredients are 100 percent dried salmon. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
“Snack 21” brand “Salmon Bits for Cats.” The ingredients are 100 percent dried salmon. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
“Snack 21” brand “Pacific Whiting Strips for Dogs.” The ingredients are 100 percent dried Pacific Whiting. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
“Snack 21” brand “Pacific Whiting Bits for Cats.” The ingredients are 100 percent dried Pacific Whiting. No by-products, fillers, rendered material, additives, preservatives, coloring or artificial flavoring have been added. The product is packaged in retail plastic bags. The net weight is 25 grams.
In your correspondence you inquire as to whether these products are classifiable in Heading 2309, HTS, as preparations of a kind used in animal feeding. Heading 2309 covers sweetened forage and prepared animal feeding stuffs that consist of a mixture of several nutrients. The merchandise at issue is not a mixture of several nutrients, and hence, classification in Heading 2309 is statutorily excluded.
Accordingly, the applicable subheading for dried fish snacks for cats and dogs (items 1-6) will be 0511.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption, other, products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of chapter 3. The rate of duty will be free.
Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:
Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Thomas Brady at (646) 733-3030.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division