The tariff classification of birdfeeders from China

N327871 September 12, 2022 CLA-2-73:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 7323.99.9080; 9903.88.03 Ms. Gayle E. Meagher Charles M. Schayer & Company 3839 Newport Street Denver, CO 80207 RE: The tariff classification of birdfeeders from China Dear Ms. Meagher: In your letter dated August 25, 2022, on behalf of your client, Classic Brands LLC, you requested a tariff classification ruling. A breakdown of material sheets and photographs were submitted with your request. The importer’s website and samples were also reviewed. Samples have been previously sent back to you. The items concerned are the Snacks’ N’ Treats Single Hanging Feeder (#38200), the Copper Acorn Tube (#38288) and the Grande Squirrel Resistant feeder (#50153) bird feeders. All three bird feeders are predominately made from plastic and steel components. The articles are designed for outdoor use. The first item is referred to as the Snacks’ N’ Treats Single Hanging Feeder (38200). It is a black metal curved hanger with a hook at the top and a square open bottom. A blue plastic feeder dish is placed inside the open bottom insert. It measures approximately 6.5 inches long by 6.5 inches wide by 8.25 inches high. The item contains an acrylonitrile-butadiene-styrene (ABS) plastic material basin. The frame arm and frame hook are all steel. The feeder can hold approximately 0.8 pounds of seed. The second item is referred to as the Copper Acorn Tube (#38288). It is a bronze cylindrical bird feeder that measures approximately 8 inches long by 8 inches wide by 12 inches high. The item contains a polyvinyl chloride (PVC) plastic 10-inch tube. A threaded perch and finial are made of aluminum. The four-inch tube locking ring, wire form retainer, roof, roof locator ring, threaded support post, hanger nut wire form, base locator ring, base, portal, port hood are made of steel. The plastic feed tube contains a steel lid and a steel base. A flexible cable wire loop encased in plastic is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user would twist off the top and base and fill the feeder with seed. There are two ports where birds can perch on the feeder. The feeder can hold approximately 2.8 pounds of seed. The third item is referred to as the Grande Squirrel Resistant Cage feeder (#50153). It is a bronze cylindrical bird feeder that measures approximately 10 inches long by 10 inches wide by 17 inches high. The feeder is squirrel resistant. The item contains a PVC plastic tube. The new base, portal, new roof, cage, top roof, deep wire form retainer, threaded rod, roof locking nut and oval ring are all steel. The plastic feed tube is housed inside the steel cage feeder. A steel hook is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user would twist off the top and fill the feeder with seed. There are four ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches or lid. The feeder can hold approximately 3.1 pounds of seed. You propose classification for the three bird feeders in subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other. Other.” We disagree. The steel and plastic bird feeders under consideration are both composite articles. The Snacks’ N’ Treats Single Hanging Feeder (#38200) is comprised of an ABS plastic material basin, a steel frame, and a steel hook. The Copper Acorn Tube (#38288) is comprised of a PVC 10-inch tube, an aluminum threaded perch, an aluminum finial, a four-inch steel tube locking ring, a steel wire form retainer, a steel roof, a steel roof locator ring, a steel threaded support post, a steel hanger nut wire form, a steel base locator ring, a steel base, a steel portal, and a steel port hood. The Grande Squirrel Resistant Cage feeder (#50153) is comprised of a PVC tube, a steel base, a steel portal, a steel roof, a steel cage, a steel top roof, a steel deep wire form retainer, a steel threaded rod, a steel roof locking nut, and an oval steel ring. The steel, aluminum, and plastic components are classified in different headings. Classification of merchandise under the 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 schedule covers the steel, aluminum, and plastic components of the bird feeders 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 steel, aluminum, and plastic 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 steel and aluminum supports, or the plastic components impart 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 steel and aluminum supports provide structure to the feeder. The steel components also provide the greatest value and bulk to both bird feeders. Therefore, it is the opinion of this office that the steel components impart the essential character to both steel and plastic bird feeders. We note that the Copper Acorn Tube (#38288) is composed of more than one metal. The four-inch tube locking ring, wire form retainer, roof, roof locator ring, threaded support post, hanger nut wire form, base locator ring, base, portal, port hood is made of steel. The threaded perch and finial are comprised of aluminum. Section XV, Note 7 of the HTSUS, states that the classification of articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. Based on the information provided to our office, the metal in the bird feeder that predominates by weight is steel. Therefore, the Copper Acorn Tube (#38288) will be classified under heading 7323, HTSUS, which provides for household articles of iron or steel. The applicable subheading for the Snacks’ N’ Treats Single Hanging Feeder (#38200), the Copper Acorn Tube (#38288), and the Grande Squirrel Resistant feeder (#50153) will be 7323.99.9080, HTSUS, which provides for “Table, kitchen or other household articles and parts thereof, of iron or steel…other, other, not coated or plated with precious metal, 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. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7323.99.9080, HTSUS, unless specifically excluded, are subject to an additional 25 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 HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.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 Dana L. Giammanco at dana.l.giammanco@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division