CLA-2-70:RR:NC1:126: L89543

Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: The tariff classification of glass birdfeeders from China Dear Mr. Anuschat:

In your letter, dated December 22, 2005, on behalf of Fred Meyer, you requested a tariff classification ruling regarding glass birdfeeders - style numbers SKU 52888847, SKU 87588842 and SKU 40016641.

Samples of the articles were submitted with your ruling request.

These samples will be returned to you with this letter. The “Outdoor Living Bird Feeder,” SKU 52888847, consists of a six-inch spherical glass vessel enclosed in a burnished brown iron/steel framework (i.e., an iron/steel base and top) with a U-shaped wire hanger handle. The central portion of the product (the body of the article in which the feed is stored) consists of glass.

The “Hummingbird Feeder-Garden Café, item #12107,” SKU 87588842, consists of a cylindrical ribbed glass vessel (approximately 2.5 inches in diameter) with an iron/steel cap and base, looped wire hanger and red plastic flower-shaped feeding openings. The central portion of the product (the body of the article in which the feed is stored) consists of glass.

The “Sweet Valley Hummingbird Feeder, item #50324,” SKU 40016641, consists of a four-inch spherical glass vessel (with some copper coated iron/steel on the side of the glass). The product includes a hanger hook and a rubber/plastic flower-shaped feeding spout. The glass in SKU 40016641 appears to be colored.

You stated that the value of SKU 52888847 is over five dollars and the value of SKU 87588842 is over five dollars.

When the glass is cut or engraved, the applicable subheading for SKU 52888847 and SKU 87588842 - the glass birdfeeders with iron/steel frameworks - will be 7013.99.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…other glassware: other: other: other: valued over three dollars each: cut or engraved: valued over five dollars each. The rate of duty will be 7.2 percent ad valorem.

When the glass is not cut or engraved, the applicable subheading for SKU 52888847 and SKU 87588842 - the glass birdfeeders with iron/steel frameworks - will be 7013.99.9000, HTS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…other glassware: other: other: other: valued over three dollars each: other: valued over five dollars each. The rate of duty will be 7.2 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 World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Regarding your request for a tariff classification ruling on SKU 40016641, we do not have sufficient information to issue a ruling on this item. If you wish to receive a ruling on SKU 40016641, please submit the additional information indicated below.

SKU 40016641 appears to consist of colored glass. Please describe the precise manner in which the glass is colored. Is it colored prior to solidification, simply painted on the surface or colored in some other manner? If it is colored prior to solidification, please indicate the precise chemical names of any coloring agents (i.e., pigments or dyes) inserted into the glass prior to solidification. In addition, if the glass item is colored prior to solidification, please indicate whether it contains bubbles, seeds or stones. If it is colored prior to solidification, please indicate whether it contains fining agents (e.g., antimony or arsenic oxides) that stifle the formation of bubbles, seeds or stones. If the glass contains fining agents, please indicate the precise chemical names of these agents.

When this information is available, you may wish to consider resubmission of your ruling request regarding SKU 40016641.

If you resubmit the request on SKU 40016641, please resubmit a copy of your original letter as well as the sample of SKU 40016641, along with the additional information requested in this notice.

Please mail your request to Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, New York, NY 10119, attention: Binding Rulings Section.

If you have questions regarding this notice, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division