The tariff classification of bird feeders from China.

N305691 August 23, 2019 CLA-2-39:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 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 August 1, 2019, on behalf of your client, Classic Brands LLC, you requested a tariff classification ruling. The first sample you have submitted, identified as the “Squirrel X7,” squirrel resistant bird feeder, which consists of a predominantly plastic tube-shaped bird feeder with two seed apertures with collapsible perches. Birds can perch at the feeder but the weight of a squirrel would cause the perches to collapse. The large plastic tube is composed of clear polyvinyl chloride (PVC) plastic and holds approximately 4 lb. of seed. The hanger, lid, bottom and seed apertures are composed of steel. The feeder measures approximately 18” in height to the top of the lid and has a diameter of 4.” The second sample you submitted, identified as the “Squirrel MX5,” squirrel resistant bird feeder, which consists of a plastic tube-shaped bird feeder with four seed apertures with perches. The aluminum base of the feeder where the perches are located, is spring loaded so that when a squirrel tries to feed from any aperture, the weight of the squirrel causes all the apertures close simultaneously. The large plastic tube is composed of clear polycarbonate (PC) plastic and holds approximately 2.8 lb. of seed. The hanger, lid, bottom and seed apertures are composed of aluminum. The feeder measures approximately 16.5” in height to the top of the lid and has a diameter of 4.” The “Squirrel X7” and the “Squirrel MX5” bird feeders under consideration are composite articles that are comprised of a plastic tube with either steel or aluminum top, base, perches and hanger. The plastic and steel or 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 and either steel or aluminum components of the “Squirrel X7” and the “Squirrel MX5” 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 “Squirrel X7” and the “Squirrel MX5” bird feeders are composite goods, 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, steel or aluminum top, base, perches and hanger imparts the essential character to the articles 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 tubes provides the majority of the structure to the bird feeders 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 “Squirrel X7” and the “Squirrel MX5” bird feeders. In accordance with GRI 3(b), the bird feeders will be classified as an other household article of plastic. The applicable subheading for the “Squirrel X7” and the “Squirrel MX5” bird feeders 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