The Court of International Trade has ruled that five models of carrying bags used for transporting pets are properly classified as other made-up textile articles under HTSUS 6307.90.98 (7 percent duty). The CIT had previously ruled that these carriers are not classifiable as textile containers that organize, store, protect, and carry items under HTSUS 4202.92.30 (17.6 percent duty) because pets are living beings and not items.

The CIT explains that the textile portion of the carriers constitutes at least 60 percent of both the cost and material used to manufacture these items, that the carriers are assembled by sewing together the various components, and that the carriers fit under no other HTSUS heading. For example, the CIT states, the carriers cannot be classified under heading 4201 because they do not share the unifying characteristic of fastening to the animal possessed by the items included in that heading (saddlery, harnesses, etc.).

For assistance pursuing a classification issue through litigation, please contact Arthur Purcell at (202) 549-0131.

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