The tariff classification of a bird feeder from China.

N305149 July 30, 2019 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 3924.90.5650 Ms. Natalie Diane Marcoux Brome Bird Care Inc. 331 Knowlton Road Knowlton, QC J0E 1V0 Canada RE: The tariff classification of a bird feeder from China. Dear Ms. Marcoux: In your letter dated July 4, 2019, you requested a tariff classification ruling. You submitted a sample of an item identified as the “Brome Mega 600 Bird Feeder,” item number 1114-V01, which consists of a predominantly plastic, tube-shaped bird feeder. The feeder features a large clear plastic seed tube with seed diverter capable of holding up to three quarts of seed and has six seed apertures reinforced with powder coated aluminum with small steel perches. The feeder also features a powder a coated aluminum cap and bottom piece as well as a stainless steel hanger. The feeder measures approximately 17.5” tall with a diameter of 4.25.” The “Brome Mega 600 Bird Feeder,” under consideration is a composite article that is comprised of a large plastic tube with a seed diverter, aluminum reinforced seed apertures, cap and bottom, small steel perches and a steel hanger. The plastic, aluminum and steel 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, aluminum and steel components of the “Brome Mega 600 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 “Brome Mega 600 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 and seed diverter, powder coated aluminum seed apertures, cap and bottom, steel perches or hanger 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 the plastic tube provides the majority of the integrity and 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 feeder. In accordance with GRI 3(b), the bird feeder will be classified as an other household article of plastic. The applicable subheading for the “Brome Mega 600 Bird Feeder,” item number 1114-V01, 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. 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