CLA-2-83:RR:NC:N1:113 J80404

Ms. Kim Young
BDP International
2721 Walker Avenue NW
Grand Rapids, MI 49504

RE: The tariff classification of wind chimes from China.

Dear Ms. Young:

In your letter dated January 21, 2003, you requested a ruling on behalf of Meijer Distribution on tariff classification.

The sample you provided is item # 958295, the Garden Wind Chime. The wind chime consists of six tuned, tubular, aluminum bells with nylon cords and wooden frame. The wind chime is designed to be used as a decoration in a garden or house to produce pleasing sounds. In your letter, you suggest that the wind chime be classified in subheading 9206.00.6000, HTS, as “sets of tuned bells known as chimes, peals or carillons.” However, the superior heading, heading 9206, HTS, provides for “percussion musical instruments.” A wind chime is not a musical instrument.

The applicable subheading for this product will be 8306.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for bells, gongs and the like, non-electric, of base metal. The general rate of duty will be 5.8 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division