Tariff Schedule Rulings D-Memoranda Trade Remedies PGA Requirements Sanctions Regimes

Ruling 8000012353

active

&&The good consists of whole swim bladders obtained from wild-caught Asian carp harvested in freshwater rivers and lakes in the United States. The swim bladders are separated from the fish during primary processing, cleaned and trimmed to remove residual tissue, and subsequently dehydrated using low-temperature drying methods to reduce moisture content and improve shelf stability.&&&&The product is intended solely for use as a pet treat for dogs and is not suitable for or intended for human consumption.

HS Classification

0511.91.00.90

CBSA Reasoning

&&Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System and the Canadian Rules set out in the schedule. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS).&&&&General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.&&&&In your application for an advance ruling, you suggested tariff classification number 0305.59.00.90. This tariff classification number is incorrect.&&&&Consideration was given to the classification number you provided. Although heading 0305 covers dried fish; Note 1(c) to Chapter 3 states that the Chapter does not cover “fish that is unfit or unsuitable for human consumption by reason of either their species or their condition” and directs the classification of such goods to Chapter 5. As you indicated that your product is not for human consumption it cannot be classified under heading 03.05 as suggested.&&&&Also, as the product consists only of whole swim bladders, without any other ingredients, it cannot be considered to be a Preparations of a kind used in animal feeding of heading 23.09 of the Customs Tariff.&&&&We are left with heading 05.11 which covers animal products not elsewhere specified or included. Within this heading, since the product is not bovine semen of subheading 0511.10, it is classified under suppressed subheading 0511.9X – Other. Since the goods are product of fish, it is classified under subheading 0511.91 Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3. There are no tariff items for this subheading. For the statistical suffix, the goods are not used as bait and are classified in residual statistical suffix 90, ultimately classifying the product under tariff classification number 0511.91.00.90.

Related Rulings

Ready to classify faster?

CustomsLogIQ uses this tariff data to power AI classification. Try it now.

Try CustomsLogIQ

This reference library holds Canadian source data. CustomsLogIQ classifies for both markets: customs compliance software for Canada and customs classification software for the USA.