The tariff classification of a plastic bird feeder from China

N033871 August 21, 2008 CLA-2-39:OT:RR:NC:N2:222 CATEGORY: Classification TARIFF NO.: 3924.90.5600 Ms. Francine Ramsey Hampton Direct, Inc. P. O. Box 1199 Williston, VT 05495 RE: The tariff classification of a plastic bird feeder from China Dear Ms. Ramsey: In your letter dated July 22, 2008, you requested a tariff classification ruling. The submitted sample is identified as a Sunflower Birdfeeder, SKU# 27585. This bird feeder is designed to give the appearance of a sunflower. The sunflower design is made of polystyrene (PS) plastic material. It is yellow in color with several black indented lines. Attached to the back of the sunflower design is a box that is green in color and is made of polypropylene (PP) plastic material. The green box is completely open on one side. The open side of the box is attached to the sunflower design. At the center of the sunflower design is a large aperture that is covered with a wire mesh. It is through the wire mesh that a bird is able to feed on the birdseed (not included in the importation) that will be contained in the box, while the wire mesh protects the birdseed from other animals. The box has a hinged lid on top. When the lid is opened, the birdseed can be loaded into the box. Included in the retail box in which this item will be imported is a plastic rod that measures 3 inches long. Located on the sunflower design, approximately 1-1/8 inches below the wire mesh, is a small aperture through which a small part of the plastic rod can be inserted, thereby creating a perch on which a bird can sit, while feeding on the birdseed through the wire mesh. Also included in the retail box for this item are three metal tubes that are each 8-3/16 inches long. One of the tubes has a point on one end. That tube has threading on the other end and each of the other two metal tubes also has threading on one end. The three tubes can be screwed together to create a stake that is 24 inches long. The stake can be screwed into a threaded aperture on the bottom of the green box. There are also two other small apertures on the green box, one on each of two opposing sides. Attached to those two apertures are the two ends, respectively, of a twine rope. The ends of the rope are knotted to keep the rope in place. The rope can be used to suspend the bird feeder from a tree or post, thereby creating an alternative to using the stake. The applicable subheading for SKU# 27585 will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for…other household articles…of plastics: other: other. The rate of duty will be 3.4 percent ad valorem. 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 Gary Kalus at (646) 733-3055. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division