U.S. Court of International Trade Rules Pet Carriers Are Textile Articles

In QUAKER PET GROUP, LLC, Plaintiff, v. UNITED STATES, Defendant, before: Gary S. Katzmann (Slip Op. 19–40) --

The court returns to the question of the tariff classification under the Harmonized Tariff Schedule of the United States (2012) ("HTSUS") of Plaintiff Quaker Pet Group, LLC’s ("Quaker Pet") pet carrier products. Previously, the court held that, as a matter of law, Quaker Pet’s carriers could not be classified under HTSUS heading 4202, which comprises containers that organize, store, protect, and carry various items, because pets are living beings and not items. Quaker Pet Group, LLC v. United States, 42 CIT__, 287 F. Supp. 3d 1348 (2018). However, the undisputed facts available to the court at that time were insufficient to determine whether the pet carriers could be covered by HTSUS 6307 — a provision containing made up articles of textile that are not included under another tariff category — or some other HTSUS heading. Id. at 1359–60. The parties have undertaken discovery and provided the court with additional, undisputed facts, which now permit the court to conclude that Quaker Pet’s carriers should be classified under HTSUS 6307.