The tariff classification of a plastic bird feeder and replacement parts from China.

N302341 February 11, 2019 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650; 7323.93.0080; 7615.10.9100 Ms. Gayle E. Meagher Charles M. Schayer & Co. 3839 Newport Street Denver, CO 80207 RE: The tariff classification of a plastic bird feeder and replacement parts from China. Dear Ms. Meagher: In your letter dated November 29, 2018, on behalf of your client, Classic Brands LLC, you requested a tariff classification ruling. You submitted photographs and detailed descriptive materials for an item identified as the “Clever Clean Bird feeder,” item number CC18S, which consists of a predominantly plastic, tube-shaped bird feeder with a circular bottom tray. The feeder features a clear plastic tube with four, powder coated zinc perches at the seed apertures, a plastic bottom tray and primarily plastic locking cap, an aluminum hanger bar and a stainless steel hanger. The feeder measures approximately 6” in diameter and 23” in height. The “Clever Clean Bird Feeder” under consideration is a composite article that is comprised of a plastic tube with powder coated zinc perches, plastic cap and tray, a steel hanger and an aluminum hanger bar. The plastic, zinc, steel and aluminum components are classified in different headings.  Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.  Since no one heading in the tariff schedules covers the plastic, zinc, steel and aluminum components of the “Clever Clean Bird Feeder” in combination, GRI 1 cannot be used as a basis for classification.  GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. As the “Clever Clean Bird Feeder” is a composite good, we must apply rule 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. EN VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the plastic tube, cap and tray, or the powder coated zinc seed ports with perches or the steel hanger or the aluminum hanger bar imparts the essential character to the article under consideration. It is the role of the constituent materials in relation to the use of the goods that imparts the essential character. In this case, the function of plastic tube, cap and tray provides the majority of the structure to the bird feeder as well as the majority of the bulk. Therefore, it is the opinion of this office that the plastic component imparts the essential character to the “Clever Clean Bird Feeder.” In accordance with GRI 3(b), the bird feeder will be classified as an other household article of plastic. You have submitted samples and requested a ruling on some replacement parts imported separately from the complete feeders. Although your letter did not request classification of the “Clever Clean Hanger Bar,” you did submit a sample so we will include this in this ruling letter. Your samples will be returned. The “Clever Clean Cap” is a predominantly plastic locking cap that fits on the top of the plastic seed tube. The “Clever Clean Tray” is a circular plastic tray that fits on the bottom of the feeder which serves to collect seed and provide additional perching space. The “Clever Clean Hanger” is composed of stainless steel and attaches to the hanger bar to hang the feeder from a hook or tree branch. The “Clever Clean Hanger Bar” is composed of aluminum and fits inside the tube to hold the stainless steel hanger. The applicable subheading for the “Clever Clean Bird Feeder,” item number CC18S, the “Clever Clean Cap” and the “Clever Clean Tray” will be 3924.90.5650, 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 the “Clever Clean Hanger” will be 7323.93.0080, which provides for “Table, kitchen or other household articles…of…steel…: other: of stainless steel…other.” The rate of duty will be 2 percent ad valorem. The applicable subheading for the “Clever Clean Hanger Bar” will be 7615.10.9100, HTSUS, which provides for “Table, kitchen or other household articles and parts thereof, of aluminum: Other: Other.” The rate of duty will be 3.1% 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