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NY L89544




January 17, 2006

CLA-2-39:RR:NC:SP:221 L89544

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: The tariff classification of bird feeders from China.

Dear Mr. Anuschat:

In your letter dated December 22, 2005, on behalf of Fred Meyer, Inc./The Kroger Co., you requested a tariff classification ruling.

Three sample bird feeders were provided with your letter. SKU #57588841 is also identified as the Alterra bird feeder, style #13050. The sample consists of a 4-inch diameter cylindrical acrylic feeder encased in a copper-toned iron/steel lattice framework. Style #43688845 is also identified as the Horizons hummingbird feeder, item #13053. The sample consists of a 2.5-inch diameter tapered cylindrical acrylic feeder enclosed in a copper-toned iron/steel framework. Style #13707743 is also identified as the Essentials bird feeder. It consists of a 4-inch diameter cylindrical acrylic feeder with an iron/steel top and base.

The applicable subheading for the bird feeders will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other household articles and toilet articles, of plastics, other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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