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NY N018626




October 30, 2007

CLA-2-73:OT:RR:NC:N1:113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Ms. Francine Ramsey
Hampton Direct Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a bird feeder from China

Dear Ms. Ramsey:

In your letter dated October 15, 2007, you requested a tariff classification ruling. Pictures of the bird feeder were submitted for our review.

The merchandise is identified as the Squirrel-Proof Bird Feeder, SKU number 54530. The bird feeder features two feeding stations and a center food chamber that holds the birdseed (not included). The outer structure of the feeder is made of iron, and the clear cylindrical center and the perch are made of polyvinyl chloride (PVC). The bird feeder measures approximately 8 inches in length by 8 inches in width by 9½ inches in height (including hangers). The Squirrel-Proof Bird Feeder helps to prevent squirrels and large birds from eating the birdseed.

The applicable subheading for the bird feeder will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, other, not coated or plated with precious metal, other, other, 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 Ann Taub at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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