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NY 810541



June 14, 1995

CLA-2-23:S:N:N7:231 810541

CATEGORY: CLASSIFICATION

TARIFF NO.: 1206.00.0090; 2309.90.1005

Mr. Peter Ward
Garden Europe
558 West Saddle River Road
Upper Saddle River, N.J. 07458

RE: The tariff classification of "Wild Bird Feeders" from France.

Dear Mr. Ward:

In your letter dated May 16, 1995 you requested a tariff classification ruling.

The products in question, "Wild Bird Feeders", are hangable, refillable plastic dispensers with food assortments as follows:

A) EBCO1FR Mixed Seed Feeder: 10% sunflower black, 10% sunflower dark strip, 20% cut maize, 20% wheat, 5% red dari, 5% buckwheat, 5% linseed, 20% millet and 5% canary. Net weight 500 grams.

B) EBC02FR Peanut Feeder: whole peanuts. Net weight 500 grams.

C) EBC33FR Sunflower Feeder: sunflower striped seeds. Net weight 250 grams.

The applicable subheading for the mixed seed feeder will be 2309.90.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for preparations of a kind used in animal feeding: other: mixed feeds or mixed feed ingredients ... bird seed. The rate of duty will be free.

The applicable subheading for the sunflower seed feeder will be 1206.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for sunflower seeds, whether or not broken...other: other. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the peanut feeder. Your request for a classification ruling should indicate whether the peanuts are roasted or otherwise cooked.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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