CLA-2-70:RR:NC1:126: L80602

Mr. William Stringfield
249 E. Ocean Blvd.
Suite 1008
Long Beach, California 90802

RE: The tariff classification of glass hummingbird feeders from China

Dear Mr. Stringfield:

In your letter dated October 21, 2004, on behalf of Christmas Street International, you requested a tariff classification ruling.

Photographs were submitted with your ruling request.

The merchandise includes two glass hummingbird feeders. One item consists of a glass body on a metal base. The second item consists of a glass body, a metal ring and a plastic flower.

You stated that the value of each of these articles is over thirty cents but not over three dollars.

In your letter you suggested that these products should be classified as other articles of glass in heading 7020, Harmonized Tariff Schedule of the United States (HTS). However, the products are more specifically described by heading 7013. Therefore, heading 7020 is not applicable to this merchandise. The applicable subheading for the glass hummingbird feeders will be 7013.99.5000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): other glassware: other: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 percent ad valorem. 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division