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NY R01140




December 16, 2004

CLA-2-63:RR:NC:N3:351 R01140

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Jill Thurau
Customs Analyst
PETsMART, Inc.
19601 N. 27th Avenue
Phoenix, Arizona 85027

RE: The tariff classification of a bird feeder

Dear Ms. Thurau:

In your letter dated December 2, 2004, you requested a tariff classification ruling.

The item in question is a bird feeder that is identified as the “Sunflower Sock Feeder.” The top portion of the item consists of a two-foot-tall windsock made of nylon fabric where the seeds are stored. The bottom portion consists of a plastic feeder where birds land and eat the seeds.

The applicable subheading for the bird feeder will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other.

You state that the item is made in the United States and shipped to stores in Canada, then re-imported as needed for restocking stores in this country. However, you have not supplied any manufacturing specifics. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304; because you have not given us any manufacturing details, we cannot make such a determination. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, on the propriety of proposed markings indicating that an article is made in the U.S.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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