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HQ 955275




March 16, 1994

CLA-2 CO:R:C:M 955275 MMC

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.95

Mr. Fred Davis
Marloc Consultants
Mechanical & Electrical Service
333 Wharncliffe Road, Suite 15
London, Ontario N6J2L9 CANADA

RE: Bird stop, streetlight saver device; En 39.26

Dear Mr. Davis:

This is in response to your communication received on October 26, 1993, requesting a classification ruling for a streetlight saver Davis birdstop device under the Harmonized Tariff Schedule of the United States (HTSUS). Descriptive literature and two samples of the device were furnished.

FACTS:

The article, which is made of low density polypropylene, is designed to shield the inner cavity of a streetlight fixture from entry, nest building, and gnawing at parts by birds, squirrels and large insects. It comes in various shapes and dimensions to correspond to the various types of streetlight fixtures.

The product is a circular device with louvered air vents around its interior circumference. The center contains a hole, which when installed is filled by the streetlight pole. A split in the lower middle portion of the shield allows the device to spread open for installation. A tab on the bottom of one side of the split snaps into place on the other side of the split to secure the device once installed.

ISSUE:

What is the proper classification of the device?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1, HTSUS, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Chapter 39, HTSUS, provides, in pertinent part, for plastics and articles thereof.

Heading 3926, HTSUS, provides for other articles of plastics and articles of other materials of headings 3901 to 3914. In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be consulted. The Explanatory Notes (EN), although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128, (August 23, 1989). EN 39.26, pg. 575, states, in pertinent part, that:

[t]his heading covers articles, not elsewhere specified or included, of plastics, ...or of other materials of heading 39.01 through 39.14. [t]hey include:

...(6) [s]crews, bolts, washers and similar fittings of general use.

...(11) [v]arious other articles such as fasteners for handbags, corners for suit-cases, suspension hooks, protective cups and glides for placing under furniture, handles (of tools, knives, forks, etc.), beads, watch "glasses", figures and letters, luggage label-holders.

Based on the explanatory note and the description provided, we are of the opinion that the birdstop is classified in subheading 3926.90.95, HTSUS.

HOLDING:

The birdstop is classified in subheading 3926.90.95, HTSUS, which provides for [o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther, with a general column one rate of duty of 5.3% ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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