The tariff classification of a “Wild Bird Feeder” from Hong Kong.

NY F87762 June 15, 2000 CLA-2-63:RR:NC:TA:351 F87762 CATEGORY: Classification TARIFF NO.: 6307.90.9989 Mr. Ron Reuben AEI Customs Brokerage Services 5510 W. 102nd Street Los Angeles, CA 90045 RE: The tariff classification of a “Wild Bird Feeder” from Hong Kong. Dear Mr. Reuben: In your letter dated May 19, 2000, on behalf of Dave Nielsen, Ltd, Louisville, Colorado, you requested a tariff classification ruling. The sample submitted is an outdoor “Wild Bird Feeder.” It is constructed of four textile panels and a plastic tray. The four panels are made of nylon woven fabric sewn together to create a bag with a small opening at the bottom and a drawstring at the top to close the bag and to provide a means of hanging the article. Attached onto the sides of the bag, at set intervals, are four braided cords. Attached onto the end of the braided cords is a plastic tray. This product is a composite good composed of a textile fabric bag and a plastic tray. Both the textile bag and the plastic tray are equally important. Since both materials lend essential characteristics to this article, no essential character can be determined. When no essential character can be determined General Rule Of interpretation 3(c), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The applicable subheading for the “Wild Bird Feeder” will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem. In addition, you requested marking requirements. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin or their containers imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The method of marking as indicated on the article, a textile label sewn to one side of the article is acceptable. 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division