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NY N014437





August 17, 2007

CLA-2-46:RR:NC:2:230

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.19.8000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of a straw birdhouse from China

Dear Mr. Hoffacker:

In your letter dated July 16, 2007, on behalf of the importer, Big Lots Stores Inc., you requested a tariff classification ruling.

The ruling was requested on a 12” Straw Birdhouse, item # P950133. A sample of the product and an import data sheet were submitted. The sample will be returned to you as you requested.

The sample consists of a 12” high birdhouse made of dried and flattened rush-like stems, similar to seagrass. The birdhouse is composed of a rectangular bottom section with a hole in one panel and a permanently attached thatch style roof. It is reinforced with an inner metal frame. The birdhouse has a seagrass cord hanger on top.

The applicable subheading for the 12” Straw Birdhouse, item # P950133, will be 4602.19.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles made from plaiting materials; of other (non-enumerated) vegetable materials, other (than wickerwork). The rate of duty will be 2.3 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/.

Importation of this product may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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