CLA-2-44:RR:NC:SP:230 B84215
Ms. Kim Young
BDP International Inc.
2721 Walker NW
Grand Rapids, MI 49504
RE: The tariff classification of ornamental articles of wood,
from China.
Dear Ms. Young:
In your letter dated April 7, 1997, on behalf of Meijer,
Inc., you requested a tariff classification ruling. Four samples
were submitted and are being returned to you as requested.
Item 1 is identified as a "mini bark house on root base,"
code #900336. It is a crude ornamental shack (about 2" x 3" x
4") mounted atop a mass of dried, woody roots affixed to a flat,
5" x 7" wooden base. A ladder made of twigs ascends from the
base to the "entrance." Although the shack's exterior is
composed of strips of bark, its floor and ceiling are of wood,
which is the preponderant material of the overall article.
The applicable subheading for the "mini bark house on root
base" will be 4420.10.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for statuettes and other
ornaments, of wood. The rate of duty will be 4%.
The "mini bark house" may be subject to regulations
administered by the U.S. Department of Agriculture (USDA).
Inquiries may be addressed to:
U.S. Department of Agriculture
A.P.H.I.S., PPQ
Federal Building, Rm. 628
6505 Bellecrest Road
Hyattsville, MD 20782
Item 2 is a set of two ornamental "chipwood watering cans"
(code #900332). The side of each "can" is made of a single,
continuous, curved sheet of thin, flexible wood (about 1/32"
thick), while the base is made of a flat sheet of such wood. The
items feature non-functional wooden spouts, plus rims and handles
that appear to be made of bent strips of bamboo. The two "cans,"
which are both painted or stained green, are the same except for
their size. One has a diameter of about 6 inches and a height of
about 5 inches, while the other has respective dimensions of
approximately 4 inches by 3 inches. Although these products are
decorative, they could also function as receptacles for holding
household items of various kinds.
The applicable subheading for the "chipwood watering cans"
will be 4420.90.8000, HTS, which provides for other wooden
articles of furniture not falling within chapter 94. The rate of
duty will be 4%.
Your inquiry does not provide enough information for us to
give a classification ruling on item 3 ("mini tree w/2 nests" &
eggs, code #900339) or item 4 ("grass nest w/6 eggs," code
#900337). Your request should include the specific source of the
eggs and how they are prepared for these articles. It is also
suggested that, prior to resubmitting these products for a
ruling, you contact the USDA (at the above address), and the Fish
and Wildlife Service (address below) to check on possible admis-sibility problems and/or regulations which may be applicable.
Office of Management Authority
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Rm. 432
Arlington, VA 22203
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 regard-ing the ruling, contact National Import Specialist Paul Garretto,
at 212-466-5779.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division