The tariff classification of “Sentry Clean Up” pet stain & odor remover kit from China

N252786 May 21, 2014 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.20.5100 Ms. Erin R. Siemer Sargent’s Pet care Products, Inc. 10077 South 134th Street Omaha, NE 68138 RE: The tariff classification of “Sentry Clean Up” pet stain & odor remover kit from China Dear Ms. Siemer: In your ruling request received April 24, 2014, you requested a tariff classification ruling. The product at issue is described as a retail-packaged kit containing a urine spot revealer (battery operated black light) and an 8 ounce plastic bottle, containing a stain cleaning and odor removing solution. The Explanatory Notes to the Harmonized Tariff System, although not legally binding, provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3 (b) provides that the term "goods put up in sets for retail sale" means goods that; (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without re-packing. Goods classifiable under GRI 3 (b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. GRI 3 (c) provides that when goods cannot be classified by reference to GRI 3 (a) or 3 (b), they are to be classified in the heading that occurs last in numerical order among those which equally merit consideration. This office considers the “Sentry Clean Up” pet stain & odor remover kit to be a set for tariff classification purposes, with the essential character imparted by the cleaning solution. The applicable subheading for the “Sentry Clean Up” pet stain & odor remover kit will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of 3401: Preparations put up for retail sale: Other. The general rate of duty will be free. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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 Nuccio Fera at [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division