CLA-2-12:OT:RR:NC:232
Mr. James Ferry
Gallagher Transport International Inc.
P.O. Box 39005
4730 Oakland St. #210
Denver, CO 80239
RE: The tariff classification of “Sunflower Songbird Feeder” from China
Dear Mr. Ferry:
In your letter dated September 29, 2011 you requested a tariff classification ruling.
Samples and ingredient breakdowns accompanied your letter. The samples were examined and returned as requested. The product in question, “Sunflower Songbird Feeder” is a hangable, refillable plastic dispenser prefilled with black oil sunflower seeds. The product has a net weight of 6 ounces. The country of origin is China.
The applicable subheading for the “Sunflower Songbird Feeder” will be 1206.00.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sunflower seeds, whether or not broken...other: other. The duty rate will be free.
Please be advised, the sample submitted does not appear to be properly marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part that: Unless excepted by law... Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on “Hummingbird Feeder”. Your request for a classification ruling should include the name of the coloring agent used as an ingredient in the liquid product. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Frank Troise at (646) 733-3031.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division