The tariff classification of cat litter from Canada.

NY L87603 February 22, 2006 CLA-2-11: RR: NC: SP: 231 L87603 CATEGORY: Classification TARIFF NO.: 1104.29.1000 Mr. Martin J. Sveum FedEx Trade Networks Transport & Brokerage, Inc. # 8 14th Street P.O. Box 1738 Blain, WA 98231-1738 RE: The tariff classification of cat litter from Canada. Dear Mr. Sveum: In your letter dated October 07, 2005 on behalf of your client Litter Mate Bio-Products Ltd. you requested a tariff classification ruling. A sample and descriptive literature were submitted with your correspondence. The sample was examined and disposed of. The product, “LitterMate” is to be used as cat litter and is comprised of 99 percent barley (large particles) and 1 percent baking soda (sodium bicarbonate). The product will be sold in 5 kg / 11 lbs. bags. The applicable subheading for the “LitterMate” cat litter will be 1104.29.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006: germ of cereals, whole, rolled, flaked or ground: Other worked grains (for example, hulled, pearled, sliced or kibbled), Of other cereals, Of barley.” The rate of duty will be 1.2 percent ad valorem. 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. 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 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 Thomas Brady at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division