CLA-2-76:OT:RR:NC:N4:422
William Ortiz
S.J. Stile Associates LTD
181 South Franklin Avenue
Valley Stream, NY 11581
RE: The tariff classification of bird cages from China
Dear Mr. Ortiz:
In your letter dated December 5, 2019, on behalf of your client, Kings Cages International LLC, you requested a tariff classification ruling. An instructional manual with photographs was submitted along with your ruling request. Advertising literature was also obtained by this office from the importer’s website.
The articles under consideration are two floor standing aluminum bird cages for domestic containment of birds. The cages are both identified on the importer’s website as Aluminum Playpens.
The first item is identified as an Aluminum Playpen, SKU: ACP-2522. It is a square shaped aluminum cage on four rolling castor wheels. Based upon the importer’s website, the overall dimensions of the cage measures approximately 25 inches wide by 22 inches deep and at its highest point to the top of the toy hook on the cage is approximately 75 inches high. It features a front hinge door, four side panels and one top panel, a slide out bottom grill and tray, a slide out top tray on playpen top, four seed catchers, five feeder cups with cup rings and two inside perches. The playpen top contains two feeder cups, a toy hook and a perch. Installation hardware of hex bolts, hex nuts, wing nuts, seed catcher corner clips and an Allen key are included with the cage for assembly.
The second item is identified as an Aluminum Playpen, SKU: ACP-3325. It is a square shaped aluminum cage on four rolling castor wheels. Based upon the importer’s website, the overall dimensions of the cage measures approximately 33 ¼ inches wide by 24 7/8 inches deep and at its highest point to the top of the toy hook on the cage is approximately 75 inches high. It features a front hinge door, four side panels and one top panel, a slide out bottom grill and tray, a slide out top tray on playpen top, four seed catchers, six feeder cups with cup rings and one inside perch. Installation hardware of hex bolts, hex nuts, wing nuts, seed catcher corner clips and an Allen key are included with the cage for assembly.
According to the importer’s website, all cage bars are satin silver in color and the main frame of the cages is available in various colors. The cages can also be used for outdoor use.
The applicable subheading for the Aluminum Playpens, SKU: ACP-2522 and ACP-3325 will be 7615.10.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Table, kitchen or other household articles and parts thereof, of aluminum: Other: Other.” The rate of duty will be 3.1 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 7615.10.9100, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7615.10.9100, 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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division