CLA-2-39:OT:RR:NC:N4:422
Ms. Janet Pendris
Hampton Direct Inc.
P.O. Box 1199
Williston, VT 05495
RE: The tariff classification of a plastic bird feeder from Taiwan
Dear Ms. Pendris:
In your letter dated September 30, 2010, you requested a tariff classification ruling.
The submitted sample is identified as a Squirrel-Free Bird Feeder, SKU# 64750. This item is comprised of two molded parts, each in the shape of a hollow half-globe with an open side that is opposite the rounded end. Both parts are made of clear polystyrene (PS) plastic material. One is situated with the rounded end up and the other is situated underneath, with the rounded end down, so that together the two parts form a globe shape that measures approximately 6” in diameter.
However, the two half-globes are kept apart by a rod, made of zinc electroplated iron that, when the item is assembled, is inserted through an aperture at the center of the top of the upper half-globe and reaches down to rest in a plastic fitting that is located at the inside bottom surface of the lower half-globe. A spring located on the rod provides the resistance needed to keep the two sections of the globe apart. A loop is located at the top of the rod to facilitate hanging of the item.
When in use, the bottom half-globe is designed to be filled with up to 5½ cups of bird seed, which is not included with the importation. The space between the two half-globes allows for a bird to reach the bird seed. However, if a squirrel or other critter jumps on the feeder, the weight of that animal will be great enough to counteract the resistance of the spring, thereby bringing the two half-globes together and closing off the bird seed from access. As you requested, the sample will be returned to you.
The applicable subheading for SKU# 64750 will be 3924.90.5600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for …other household articles…of plastics: 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 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 Gary Kalus at (646) 733-3055.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division