CLA-2-85:RR:NC:1: 112 B84458
Mr. Hirofumi Kuroda
World Link Trading Co., Ltd.
18726 Western Avenue
Gardena, CA 90248
RE: The tariff classification of a "Bye-Bye Birdie" from Japan
Dear Mr. Kuroda:
In your letter dated April 18, 1997 you requested a tariff
classification ruling.
As indicated by the submitted samples and descriptive
literature, "Bye-Bye Birdie" is a device which claims to be
successful in keeping birds away from a specified area through
the action of a specialized magnetic system which disturbs the
geomagnetic field that birds use to find their direction. There
are two basic models identified as the "Wing" and the "Ninja".
In both cases, the magnetic system consists of a combination of
ferrite magnets and neodymium magnets which are stacked with the
magnetic poles in a N-S-N-S orientation.
The "Wing" model, which is designed to hang suspended from
an overhead point, features an octagonal cylinder which contains
the magnets. This cylinder has a holographic surface with wing-like attachments on each side. The "Ninja" model is designed to
be placed on building ledges or other flat surfaces and consists
of a base unit which incorporates the magnets, and spoke-like
plastic attachments which radiate off the base.
The applicable subheading for the "Bye-Bye Birdie" will be
8505.11.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for permanent magnets of metal. The rate
of duty will be 2.5 percent ad valorem.
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 David
Curran at 212-466-5680.
Sincerely,
Robert Swierupski
Chief, Metals and Machinery Branch
National Commodity
Specialist Division