CLA-2-67:OT:RR:NC:N4:415

Ms. Amy Rice
Northpoint Logistics
4825 Northwest 41st Street, Suite 500
Riverside, MO 64150

RE: The tariff classification of packaged loose feathers from China.

Dear Ms. Rice:

In your letter dated August 20, 2019, you requested a tariff classification ruling on behalf of your client, Arkansas Valley Feathers, Inc.

Samples were provided and will be returned separately. The merchandise under review are listed as “B204M,” “B458B-2-10,” and “BPH-Festival--N.”

Item number B204M is a package of loose goose feathers, which are six to eight inches in length. The feathers came 12 per package with four pieces per color. The provided sample was dyed three different shades of blue.

Item number B458B-2-10 is a package of loose bleached, dyed, and tipped peacock eye feathers, which are approximately 29 to 35 inches long and come in a 10-piece package. The sample had the eye/tip dyed orange in color, with the rest of the feather dyed a yellowish gold.

Item number BPH-Festival--N is a package of assorted natural feather quills. The package includes five styles of pheasant tails and guinea rounds ranging from six to 12 inches long. There are 12 feathers in total, this assortment includes two golden pheasant tails (eight to ten inches long), two golden pheasant red top tails (eight to 10 inches long), two Venery pheasant tails (10 to 12 inches long), two female ringneck pheasant tails (10 to 12 inches long), two Lady Amherst pheasant tails (10 to 12 inches long), and two guinea rounds (six to eight inches long). The product is intended for use in carnivals, costuming, crafts, floral arrangements, home decorations, mask making and millinery designs.

The applicable subheading for the two packs of dyed feathers, item numbers “B204M” and “B458B-2-10,” will be 6701.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[s]kins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scapes): [o]ther.” The column one, general rate of duty is 4.7 percent ad valorem.

The applicable subheading for the natural feathers, item number BPH-Festival--N, will be 0505.90.2040, HTSUS, which provides for “[s]kins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers: [o]ther: [o]ther.” The column one, general rate of duty is 2.3 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. The USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g). HTSUS. Subsequently, USTR imposed additional tariffs, effective September 1, 2019, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(r). For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), September 21, 2018 (83 F.R. 47974), and August 30, 2019 (84 F.R. 45821). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 6701.00.6000, HTSUS, unless specifically excluded, are subject to the 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 6701.00.6000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 at https://hts.usitc.gov/current. This merchandise may be subject to restrictions and/or requirements administered by the U.S. Fish and Wildlife Service, Office of Law Enforcement (Telephone: 703-358-1949, Fax: 703-358-2271, E-mail: [email protected]). We strongly suggest that you contact that office before you attempt to import these goods.

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 Kristopher Burton at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division