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NY N024901




March 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Mr. Troy Crago
Atico International USA, Inc.
501 S. Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a bird feeder from China

Dear Mr. Crago:

In your letter dated March 18, 2008, you requested a tariff classification ruling.

The merchandise is a bird feeder made of iron (item number A026OA02671). It measures approximately 23.5 inches in height and resembles a standing frog. Two styles of feeders are available. In one, the frog is holding a wavy leaf that holds the birdseed over his head with one hand. In the other, the frog holds a plate over his head with both hands. The frog’s eyes are made of plastic beads.

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, 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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