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NY B80947




February 10, 1997

CLA-2-46:RR:NC:SP:230 B80947

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Ms. Anne M. Neary
Nantucket Distributing
261 White's Path
South Yarmouth, MA 02664

RE: The tariff classification of plaited birdhouses from China.

Dear Ms. Neary:

In your letter dated January 9, 1997, you requested a tariff classification ruling.

Five samples, described as birdhouses made of wild tea leaves and fern, were submitted and are being returned to you. They are labeled, respectively, with the following identifying numbers: M496558C, M496556N, M494578W/N, MH92151N/W and M496537W/N. All are hollow articles, roughly oblong or cone-shaped, made of vegetable plaiting materials, i.e., braided "cords" composed of leaves, or unspun strips of leaves, which have been twisted together. The "cords" appear to be intertwined with additional supporting strips of stiffer vegetable plaiting material.

The five styles differ essentially in terms of design and size, ranging from about 6" to 17" in height. Three of them feature a kind of "thatched roof" comprised of a tapered, parallel series of leaf-bearing plant stems covering the top of the house. Although it was not stated whether the articles are intended to be functional or merely decorative, all have a central "entrance" or opening capable of providing access to birds.

The applicable subheading for all of the above-described tea-leaf/fern birdhouses will be 4602.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of vegetable plaiting materials. The rate of duty will be 2.3%.

We note that the samples are not marked with their country of origin. When imported into the United States, the items (or, if applicable, their immediate containers destined to reach the ultimate purchasers) will be required to be so marked (e.g., "Made in China"), legibly and in a conspicuous place.

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 Paul Garretto, at (212) 466-5779.

Sincerely,

Gwenn Klein Kirschner

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