The tariff classification of Hummingbird Feeder #44 from China

N192115 November 29, 2011 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Mr. James Ferry Gallagher Transport International, Inc. P.O. Box 39005 4730 Oakland St, #210 Denver, CO 80239 RE: The tariff classification of Hummingbird Feeder #44 from China Dear Mr. Ferry: In your letter dated October 27, 2011, you requested a tariff classification ruling. A sample was submitted with your ruling request and is being returned as requested. The subject product, Hummingbird Feeder #44, is a hangable, refillable, plastic birdfeeder measuring approximately 7 ½ inches in height. It is prefilled with a liquid “nectar” which is composed of sugar, sodium benzoate, potassium sorbate, citric acid, FD&C #40 colorant, and water. In your letter you suggest classification in 2309.90, HTSUS, which provides for preparations of a kind used in animal feeding: other: mixed feeds or mixed feed ingredients. In order to be classified in this heading the “nectar” must be sweetened forage or a mixture of several nutrients. The applicable subheading will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 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 Richard Dunkel (646) 733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division