CLA-2-69:RR:NC:2:227 G82332

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a porcelain bird feeder from China.

Dear Mr. Hoffacker:

In your letter dated September 18, 2000, on behalf of Consolidated Stores, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a porcelain bird feeder, item number K353, that consists of a dome-shaped gazebo-like structure that measures approximately 8 inches in height with a base diameter of 6 inches. It features four apertures, situated around its circumference, that measure about 1 ½ inches in diameter and a main entrance measuring nearly 2 ¼ inches high by 3 inches wide. It is designed with slit-like openings around its upper portion, while its body is decorated with two bird-shaped figures and a floral-like motif. Its top portion possesses a metal chain with hook for hanging purposes.

The applicable subheading for this porcelain bird feeder will be 6911.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of porcelain or china, other, other. The rate of duty will be 5.4 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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division