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NY K87448




July 1, 2004
CLA-2-73:RR:NC:N1:113 K87448

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Ms. Nikola Thomas
Wal Mart Logistics
601 N. Walton Blvd.
Bentonville, AR 72716-0410

RE: The tariff classification of a bird feeder from China

Dear Ms. Thomas:

In your letter dated June 14, 2004, you requested a tariff classification ruling.

The sample you submitted is a bird feeder made of steel and glass (item number 375799). The base of the feeder consists of a steel dish that holds the birdseed. The dish measures approximately 7 inches in diameter and .75 inch in depth. Projecting upward from the center is a steel rod to which is affixed stained glass leaves, hearts and a hummingbird. The bird feeder stands about 13.5 inches in height.

The applicable subheading for the bird feeder will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steelother, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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