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March 11, 1999

CLA-2-44:RR:NC:SP:230 D87102

CATEGORY: CLASSIFICATION

TARIFF NO.: 4421.90.9840

Ms. Kimberley Fathauer
The A.W. Fenton Company Inc.
P.O. Box 360614
Columbus, Ohio 43236-0614

RE: The tariff classification of birdcages made of wood and bamboo, from China.

Dear Ms. Fathauer:

In your letter dated February 1, 1999, on behalf of Consolidated Stores Corp., you requested a tariff classification ruling.

A sample set of three birdcages (identified as item # 14308897) was submitted and is being returned to you. All three share the same type of construction and shape (square base with pointed roof), but range in size from about 9 1/4" x 9 1/4" x 13"(H) to 11 1/2" x 11 1/2" x 17"(H). The walls, roof and floor of each cage consist of a wooden framework which supports numerous parallel bamboo rods (each about 2.7 mm in diameter) spaced about 1/2" apart from one another. One wall incorporates a small opening (entrance/exit) covered by a sliding door having the same kind of wood/bamboo construction. A removable, solid-wood “subfloor” is attached to the underside of the cage. In addition, each cage comes equipped with an interior perch and a hook-type hanger that attaches to the top of the roof.

Your inquiry also encompasses item # 14309027 (no sample submitted), which is said to be another set of three similarly constructed birdcages which have rounded rather than pointed roofs.

You asked us to address the question of whether, for tariff purposes, these items could be considered “wickerwork.” We presume that you were referring to the “wickerwork” breakouts found within HTS heading 4602, which provides for certain articles of plaiting materials. In this regard, we note that in order to be classified under heading 4602, the cages would have to answer to the terms of that heading, i.e., be “made directly to shape from plaiting materials or made up from articles of heading 4601.” As described above, however, the instant cages consist of a

wooden framework into which numerous bamboo rods have been inserted. Thus, while the bamboo rods themselves may be in a state which qualifies them as “plaiting materials,” the cages have not been made directly to shape from them. Nor have the cages been made up from articles of heading 4601 (i.e., plaits or sheets). In addition, we point out that in certain contexts bamboo can be considered “wood” of HTS chapter 44, as provided for in Note 6 of that chapter.

The applicable subheading for the style 14308897 and 14309027 birdcage sets will be 4421.90.9840, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of wood. The rate of duty will be 3.3%.

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 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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