The tariff classification of bird feeders from China.

N298708 July 31, 2018 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 7013.99.8000; 3924.90.5650 Ms. Gayle Meagher Charles M. Schayer & Co. 3839 Newport Street Denver, CO 80207 RE: The tariff classification of bird feeders from China. Dear Ms. Meagher: In your letter dated June 8, 2018, you requested a tariff classification ruling. The first submitted sample under consideration is a bird feeder identified as the “Classic Oriole Feeder,” item number C-30B. It consists of a clear glass cylindrical shaped body with a red screw-on plastic lid and base, and measures approximately 9.5” in height by 9.2” wide by 9.2” long. A metal hanger is mounted to the top of the lid.  From the information you provided, the glass is soda-lime glass, it is not pressed and toughened (specially tempered), and it is not cut or engraved.  The unit value is more than three dollars but not more than five dollars. The second submitted sample identified as “Mirage,” item number 405, which consists of a plastic hummingbird feeder with four feeding ports with a flower design and four perches. The feeder measures approximately 6.61” in diameter at its widest point and measures approximately 10.45” in height. The plastic, disc-shaped base comes apart in two pieces and the red plastic bottle has a large opening for cleaning and refilling. The feeder hangs by a metal S hook that is removable for easy filling. The feeder is predominantly plastic with the only metal part being the S hook. The third submitted sample identified as “Tulip,” item number 407, which consists of a predominantly plastic hummingbird feeder with four feeding ports with a flower design. The feeder measures approximately 4.52” in diameter at its widest point and 6.46” in height. The plastic, disc-shaped base comes apart in two pieces and the clear plastic bottle has a large opening for cleaning and refilling. The feeder has a steel hanger that wraps around the top of the feeder that allows you to lay it flat to fill. The feeder is predominantly plastic with the only metal part being the steel hanger. Each of the two feeders, “Mirage” and “Tulip” are considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The plastic bottles and plastic bases of the bird feeders provides those articles with the essential character within the meaning of GRI 3(b). The applicable subheading for the “Classic Oriole Feeder,” item number C-30B will be, 7013.99.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…:  Other glassware:  Other:  Other:  Other:  Valued over $3 each:  Other:  Valued over $3 but not over $5 each.”  The general rate of duty will be 11.3 percent ad valorem. The applicable subheading for item numbers 405 “Mirage” and 407 “Tulip” will be 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “…Other household articles…of plastics: other: 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 the World Wide Web at https://hts.usitc.gov/current. 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 Sandra Carlson at sandra.carlson@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division