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NY N009471




May 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9980

Ms. Mary King
Schenker Inc.
635 Airport South Pkwy
College Park, GA 30349

RE: The tariff classification of a bird flight diverter

Dear Ms. King:

In your letter dated March 30, 2007, on behalf of Tyco Electronics, you requested a tariff classification ruling.

The sample submitted with your request is identified as a bird flight diverter or BFD. The diverter is installed onto utility power lines to provide a visual image to help migratory birds avoid collisions with the lines during their flights. The units are made from high impact polyvinyl chloride (PVC) plastic. The standard color is gray, with yellow being the second most common color. The sample consists of a solid rod, approximately ½ inch in diameter, that has been formed into a helical shape with a wide spiral angle at one end that narrows and elongates at the other end. The narrow spiral angle is designed to secure onto the power line without abrading it while the wider spiral angle at the other end provides the birds with a more visual reference of the power line. The diverters are installed at spaced intervals on the topmost outside conductors. They are available in lengths from 7 inches to 46 inches and in diverter coil outside diameters from 2¼ inches to 8 inches.

You have not indicated the country of origin. The rate of duty provided below is the rate applicable to the diverters when produced in a country with which the United States has Normal Trade Relations.

The applicable subheading for the PVC bird flight diverters will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plasticsother. The rate of duty will be 5.3 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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