CLA-2-12:RR:NC:FC:232 A86702

Mr. Thomas A. Penksa
PBB Group
434 Delaware Avenue
Buffalo NY 14202

RE: The tariff classification of Bird Feeders from Canada.

Dear Mr. Penksa:

In your letter dated August 13, 1996, on behalf of Quinte Plastics, you requested a tariff classification ruling.

You submitted a sample and descriptive literature with your request. The merchandise in question is "Feed the Birds", a bird feeding kit consisting of a printed plastic bag, 14 inches by 4 inches, some light nylon cord, three thin bamboo perches and a supply of sunflower seeds, all packed in a cardboard box. The instructions for assembly and use of the feeder are printed on the outside of the box. The perches are manufactured in China, and everything else is said to be made or grown in Canada. The kit is used by filling the plastic bag with sunflower seeds, sealing the top and hanging the filled tube by the nylon cord, and inserting the perches through three sets of pre-cut holes. The sunflower seeds give the kit its essential character.

The applicable tariff provision for the bird feeding kit will be 1206.00.0090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Sunflower seeds, whether or not broken...Other: Other. The general rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division