CLA-2-73:OT:RR:NC:N4:422
Ms. Gayle E. Meagher
Charles M. Schayer & Company
3839 Newport Street
Denver, CO 80207
RE: The tariff classification of bird feeders from China
Dear Ms. Meagher:
In your letter dated August 24, 2022, on behalf of your client, Classic Brands LLC, you requested a tariff classification ruling. A breakdown of material sheets and photographs were submitted with your request. The importer’s website and samples were also reviewed. Samples have been previously sent back to you.
The five items concerned are the 12 SQU X-2, 105 SF Hopper, 13 SQU X-3, 106 SF X4, and 16 SQU X-6 bird feeders. All of the bird feeders are predominately made from plastic and steel components. The articles are designed for outdoor use.
The first item is referred to as the 12 SQU X-2. It is a brown cylindrical bird feeder that measures approximately 8 inches long by 11.25 inches wide by 11 inches high. The item contains a polystyrene plastic housing and a polypropylene plastic port shutter. The perch is made of zinc alloy. The port shield, actuator, baseplate, roof, and the roof hinge are all steel.
The plastic feed tube contains a steel lid and a steel base. A wire is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are two ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 4 pounds of seed.
The second item is referred to as the 105 SF Hopper. It is a bronze square bird feeder that measures approximately 8.5 inches long by 8.5 inches wide by 9 inches high. The item contains a polystyrene plastic clear panel, a polycarbonate plastic cap mount, a polypropylene plastic actuator. The cap is made of aluminum. The feeder base, perch, roof, side panel, assembly bracket and the panel retainer are all steel.
The plastic feed tube is housed inside the bird feeder. A wire is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user would press the push button to open up the top cap. There are four ports where birds can perch on the feeder. The feeder can hold approximately 3.6 pounds of seed.
The third item is referred to as the 13 SQU X-3. It is a bronze cylindrical bird feeder that measures approximately 6.75 inches long by 9.75 inches wide by 19 inches high. The item contains a hanger bar, roof lock, shutter, and a lock collar which are all made of polypropylene plastic. The tube is made of polycarbonate plastic. The hourglass perch is made of zinc alloy. The stamped band, roof, port cover bottom plate, diffuser port are all steel.
The plastic feed tube contains a steel lid and a steel base. A flexible cable wire loop encased in plastic is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are two ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 5 pounds of seed.
The fourth item is referred to as the 106 SF X4. It is a grey cylindrical bird feeder that measures approximately 5.5 inches long by 6.5 wide by 15.75 inches high. The item contains a polycarbonate plastic housing and a polypropylene plastic feeder button. The flip cap, mixed seed port, and tube cap are all aluminum. The base, base foot, and cage weldment are all steel.
The plastic feed tube is housed inside the bird feeder. A flexible cable wire loop encased in plastic is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user presses the button under the roof to open the cap. There are four ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 1.5 pounds of seed.
The fifth item is referred to as the 16 SQU X-6. It is a bronze cylindrical bird feeder that measures approximately 6.9 inches long by 6.9 inches wide by 22 inches high. The item contains a
port sleeve retainer, tension nut, adjustment nut sleeve, basin mount, seed funnel, tube lock ring, large capacity seed tube, cap lock, and a cap hanger bar that are all polycarbonate plastic. The cap bushing is made of nitrile shore rubber. The spring post and spring nut are all made of acetal plastic. The tube shield guard, the tube shield baffle, the metal basin, and cap are all aluminum. The port sleeve basin, perch ring weldment, port sleeve, compression spring, and hanger are all steel.
The plastic feed tube contains a steel lid and a steel base. A steel hanger is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are six ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 6.1 pounds of seed.
You propose classification for all five bird feeders in subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other. Other.” We disagree.
The steel and plastic bird feeders under consideration are both composite articles. 12 SQU X-2 is comprised of a polystyrene plastic housing, a polypropylene plastic port shutter, a zinc alloy perch, a steel port shield, a steel actuator, a steel baseplate, a steel roof, and a steel roof hinge. 105 SF Hopper is comprised of a polystyrene plastic clear panel, a polycarbonate plastic cap mount, a polypropylene plastic actuator, an aluminum cap, a steel feeder base, a steel perch, a steel roof, a steel side panel, a steel assembly bracket and a steel panel retainer. 13 SQU X-3 is comprised of a hanger bar, roof lock, shutter, and a lock collar which are all made of polypropylene plastic. A polycarbonate plastic tube, a zinc alloy hourglass perch, a steel stamped band, a steel roof, a steel port cover bottom plate, a steel diffuser port. 106 SF X4 is comprised of a polycarbonate plastic housing and a polypropylene plastic feeder button. An aluminum flip cap, an aluminum mixed seed port, and an aluminum tube cap, a steel base foot, a steel cage weldment, and a steel base. 16 SQU X-6 is comprised of a port sleeve retainer, tension nut, adjustment nut sleeve, basin mount, seed funnel, tube lock ring, large capacity seed tube, cap lock, and a cap hanger bar that are all made of polycarbonate plastic. The cap bushing is made of nitrile shore rubber. The spring post and plastic spring nut are made of acetal plastic. The metal basin, cap, tube shield guard and the tube shield baffle are all made of aluminum. The port sleeve basin, perch ring weldment, port sleeve, compression spring, and hanger are all made of steel. The steel, aluminum, zinc alloy, rubber, and plastic components are classified in different headings.
Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedule covers the steel, aluminum, zinc alloy, rubber, and plastic components of the bird feeders in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. As the steel, aluminum, zinc alloy, rubber, and plastic bird feeders are composite goods, we must apply rule 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. EN VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the steel, aluminum, and zinc alloy supports, or the plastic components impart the essential character to the article under consideration.
It is the role of the constituent materials in relation to the use of the goods that imparts the essential character. In this case, the function of the steel, aluminum, and zinc alloy supports provide structure to the feeder. The steel components also provide the greatest value and bulk to all of the bird feeders. Therefore, it is the opinion of this office that the steel components impart the essential character to all of the steel and plastic bird feeders.
We note that 12 SQU X-2, 105 SF Hopper, 13 SQU X-3, 106 SF X4, and 16 SQU X-6 are composed of more than one metal. 12 SQU X2, the port shield, actuator, baseplate, roof and roof hinge are all comprised of steel. The perch is made of zinc alloy. 105 SF Hopper, the feeder base, perch, roof, side panel, assembly bracket and panel retainer are all comprised of steel. The cap is made of aluminum. 13 SQU X-3, the stamped band, roof, port cover, bottom plate, diffuser port are all comprised of steel. The hourglass perch is made of zinc alloy. 106 SF X4, the base, base foot, and cage weldment are all comprised of steel. The flip cap, mixed seed port, and tube cap are made of aluminum. 16 SQU X-6, the basin, cap, tube shield guard, and the tube shield baffle are all made of aluminum. The port sleeve basin, perch ring weldment, port sleeve, compression spring, and hanger are all made of steel. Section XV, Note 7 of the HTSUS, states that the classification of articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. Based on the information provided to our office, the metal in the bird feeders that predominates by weight is steel. Therefore, the 12 SQU X-2, 105 SF Hopper, 13 SQU X-3, 106 SF X4, and 16 SQUX-6 will be classified under heading 7323, HTSUS, which provides for household articles of iron or steel.
The applicable subheading for the 12 SQU X-2, 105 SF Hopper, 13 SQU X-3, 106 SF X4, and 16 SQU X-6 will be 7323.99.9080, HTSUS, which provides for “Table, kitchen or other household articles and parts thereof, of iron or steel…other, other, not coated or plated with precious metal, other, 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 the World Wide Web at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7323.99.9080, HTSUS, unless specifically excluded, are subject to an 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 7323.99.9080, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 Dana L. Giammanco at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division