CLA-2-70:OT:RR:NC:N1:126
Cara Wedgbrow
The Glass Bakery
PO Box 343, 644 St. George Street Annapolis Royal B0S 1A0 Canada
RE: The tariff classification of glass bird ornaments
Dear Ms. Wedgbrow:
In your letter dated June 18, 2024, you requested a tariff classification ruling.
The products under consideration are glass bird ornaments from Canada. From the information that was provided, you indicated the glass bird ornaments are composed of fused glass. The birds measure approximately 1.5 inches square and range from 2.5 inches in height by 3 inches in width to 3.5 inches in height by 4.5 inches in width. The assorted fused glass designs are described as a Blue Jay, Cardinal, Nuthatch, Mallard, Puffin, and various other types of birds. There are two product types - hanging bird ornaments and perched bird ornaments. For the perched birds, NiChrome wire is placed between the layers of glass and the wire is fused into the glass to hold the bird legs in place. The birds are perched on wooden bases made from either cut slices of grown Nova Scotian hard or softwood (with bark) or driftwood. Holes are drilled into the wooden bases and the bird legs are inserted into the holes in the wood to make the bird
stand. The hanging bird ornaments can be displayed with the plastic cord that is attached to the top of each ornament.
You state in your correspondence that the value of these articles are over five dollars each.
The glass bird ornaments are a composite good comprised of different materials that are classifiable in different headings (glass, NiChrome wire, plastic, and wood). 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 3(b) of the HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The glass component provides the essential character of these items.
The applicable subheading for the glass bird ornaments will be 7013.99.9090, HTSUS, which provides for
Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes.: Other glassware: Other: Other: Other: Valued over three dollars each: Other: Valued over five dollars eachOther. The general rate of duty will be 7.2 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.
Products containing driftwood, and handicrafts with wood and bark components, present a risk of pest infestation. The importation of these products may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Please see the Agricultural Import Requirements Database at https://acir.aphis.usda.gov/s/?_gl=1*vp2biv*_ga*MjEwNTMxNzU3Mi4xNjg0MTU1Nzg0*_ga_NRK0CEY9GC*MTY5NzQwNDM3OC40MzIuMS4xNjk3NDA1Mzk2LjAuMC4w and also see specific guidance for handicrafts from China containing wood parts at https://www.aphis.usda.gov/sites/default/files/work-specification-wooden-handicrafts-from-china-manufacturer-requirements.pdf
You may email the U.S.D.A. for information regarding applicable regulations at [email protected].
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 Elena Pietron at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division