CLA-2-44:OT:RR:NC:N4:434
Windy Chen
Bansco Enterprise Ltd.
Room 1607 Diya Tower
Jindi Bldg., Zhong Shan Yi Rd.
Guangzhou
CHINA
RE: The tariff classification of a decorative birdhouse from China
Dear Ms. Chen:
In your letter, dated August 19, 2021, you requested a tariff classification ruling. Photos and a product description were provided for our review.
Item# 30529601 is a “Wooden birdhouse décor.” The birdhouse is constructed of medium density fiberboard (MDF). It measures approximately 7” wide x 5.5” long x 8” high. It features a peaked roof, front hole, bamboo perch, and a jute cord that is ornamented with wooden beads, for hanging. You state that it is marketed solely as a decoration and that it would be impractical to serve as an actual birdhouse because there is no way to open and clean out the inside compartment.
Note 3 to Chapter 44, Harmonized Tariff Schedule of the United States (HTSUS), states, “Headings 4414 to 4421 apply to articles of the respective descriptions of particle board or similar board, fiberboard, laminated wood or densified wood as they apply to such articles of wood.” Therefore, we shall consider the MDF to be wood for purposes of classification here.
The applicable subheading for the decorative birdhouse will be 4420.10.0000, HTSUS, which provides for “Statuettes and other ornaments, of wood.” The rate of duty will be 3.2 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.
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 Charlene Miller at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division