CLA-2-73:OT:RR:NC:N4:422
Mr. Curt McClements
North Bay Merchandising LLC
2560 E State Route 302 Belfair, WA 98528
RE: The tariff classification of a bird feeder from China
Dear Mr. McClements:
In your letter dated October 1, 2024, you requested a tariff classification ruling. A breakdown of material sheets, photographs, and a user’s manual were submitted with your request.
The item concerned is a Hybird Bird Feeder S9 Series, Model no. BF-1. The bird feeder is predominately made from aluminum, steel, and plastic components. The article can also be used as a bird bath for outdoor home use.
The Hybird Bird Feeder is made up of four aluminum connecting poles, an aluminum support rod, an aluminum base pin, stainless steel top and bottom canopies, two stainless steel threading nuts, and one silicone plastic ring. When fully assembled, the item measures approximately 10.6 inches wide by 50.8 inches high. All the parts are screwed together and mounted onto a pole, then driven into the ground. To use it as a bird feeder, the bird seed is placed on the bottom canopy. Water can be placed on the bottom canopy to use it as a birdbath.
The metal and plastic bird feeder under consideration is a composite article. It comprises four aluminum connecting poles, an aluminum support rod, an aluminum base pin, stainless steel top and bottom canopies, two stainless steel threading nuts, and one silicone plastic ring. The aluminum, steel, and plastic components are classified in different headings. Classification of merchandise under the Harmonized Tariff Schedule of the United States (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 aluminum, steel, and plastic components of the bird feeder 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 aluminum, steel, and plastic bird feeder is a composite good, 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 aluminum and steel components, 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. We also note that the Hybird Bird Feeder S9 Series, Model no. BF-1 is composed of more than one metal. The four connecting poles, support rod, and base pin are made of aluminum. The top and bottom canopies, and the two threading nuts are made of steel. Section XV, Notes 5(a) and 7(b) 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 feeder that predominates by weight is steel. It is the opinion of this office that the steel components impart the essential character to the bird feeder. Therefore, the Hybird Bird Feeder S9 Series, Model no. BF-1 will be classified under heading 7323, HTSUS, which provides for household articles of iron or steel.
The applicable subheading for the Hybird Bird Feeder S9 Series, Model no. BF-1 will be 7323.93.0080, HTSUS, which provides for “Table, kitchen or other household articles and parts thereof, of iron or steel; Other: Of stainless steel...Other.” The rate of duty will be 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dana L. Giammanco at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division