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NY K89713





October 5, 2004
CLA-2-39:RR:NC:SP:221 K89713

CATEGORY: CLASSIFICATION

TARIFF NO. 3924.90.5500

Ms. Francine Marcoux
Hampton Direct, Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a plastic birdhouse from China.

Dear Ms. Marcoux:

In your letter dated September 15, 2004, you requested a classification ruling.

You have submitted an illustration of a product identified as “Fedora” Birdhouse, item #27410. This product is made of plastic. It is designed in the shape of a three-dimensional man’s hat. The birdhouse measures approximately 12” long by 11” wide by 5” high. The camel colored hat is adorned with a 1-1/2” brown colored band. There is a 1-1/2” diameter hole located in the top of the hat that allows birds to have a nesting place inside. The birdhouse is designed with a 1” perch. A ½” wire loop facilitates hanging the birdhouse on a tree, fence or wall.

The applicable subheading for the plastic birdhouse will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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