The tariff classification of bird feeders from China.

N300514 October 10, 2018 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650; 7323.99.9080 Mr. Manson Zhang Sincere Greenworld Corporation Rm 208, No. 37, Lane 2049, Pujin Road Shanghai 2011114 China RE: The tariff classification of bird feeders from China. Dear Mr. Zhang: In your letter dated September 10, 2018, you requested a tariff classification ruling. You submitted a photograph of the first item identified as item number 1158916, the “Bronze Gazebo All Seed Feeder,” which is a hexagonal shaped bird feeder predominantly composed of plastic with a pointed iron roof and bottom tray, the sides of the feeder are the large, clear plastic seed chambers that function as hoppers. There are six apertures that dispense the seed into the tray. The feeder measures approximately 13.75” x 13.5” by 11.8” in height. The feeder features a hanging loop on top. You submitted a photograph of the second item identified as item number 1159340, the “Metal Tube Bird Feeder” which is a cylindrical iron mesh tube with a pointed iron roof and bottom tray. The mesh tube has an iron center support rod that extends from the roof to the bottom tray to provide stability. The mesh tube features four apertures with small perches as well four large perches around the bottom tray providing feeding perches for many birds simultaneously. The feeder measures approximately 7.8” in diameter by 12” in height. There is an iron hanging loop on top. You submitted a photograph of the third item identified as item number 958, the “Metal Suet Feeder” which consists of a steel wire cage which can hold a cake of suet. The feeder features a landing platform on either side. The feeder measures approximately 7.2” by 8.25” by 3.15 wide. The feeder features a hanging chain on top. You submitted a photograph of the fourth item identified as item number 92547, also a “Metal Suet Feeder” which consists of a steel wire cage which can hold a cake of suet. This feeder has no landing platform. The feeder measures approximately 5.3” by 5.4” by 2” wide. The feeder features a hanging chain on top. You submitted a photograph of the fifth item identified as item number 304259, the “Dual Chamber Seed Feeder” which is a cylindrical iron mesh tube with a pointed iron roof and bottom tray. The tubular mesh body has two separate hoppers so two different seed mixes can be offered. The mesh tube features six apertures with small perches. Seed can also be accessed from the bottom tray. The feeder measures approximately 9.4” in diameter and 17.75” in height. You submitted a photograph of the sixth item identified as item number 638198, the “Metal Corn Cob Feeder” which is a steel wire spiral in the shape of a corn cob. The corn cob is loaded into the feeder from the open top and is held by the spiral wire for the birds or squirrels to eat. The feeder measures approximately 3.7” at its widest diameter and 8.45” in height. The feeder features a wire hanger at the top. In the future, please limit your ruling request to a maximum of 5 items of the same class or kind. The applicable subheading for item number 1158916, the “Bronze Gazebo All Seed Feeder” 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. The applicable subheading for item number 1159340, the “Metal Tube Bird Feeder,” item number 958, the “Metal Suet Feeder,” item number 92547, a “Metal Suet Feeder,” item number 304259, the “Dual Chamber Seed Feeder” and item number 638198, the “Metal Corn Cob Feeder” will be 7323.99.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of iron…: other: other: not coated or plated with precious metal: other: other…other. The rate of duty will be 3.4 percent ad valorem. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01,  9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 7323.99.90, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7323.99.9080, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. 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. We are not able to offer a classification on item umber 1025903, the “Patriotic Wood Bird Feeder,” we need a sample of this item. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to Director, National Commodity Specialist Division, Customs and Border Protection, 201 Varick Street, Suite 501, New York NY 10014, Attn: Binding Ruling Request. 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