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NY N024960




April 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.19.8000; 9602.00.5080

Mr. Douglas Hwee
Ohana Customs
43 Rhodes St.
New Hyde Park, NY 11040

RE: The tariff classification of bark bird toys from China

Dear Mr. Hwee:

In your letter dated March 18, 2008, on behalf of Tri LLC /dba Bella Bird Co., you requested a tariff classification ruling.

The ruling was requested on willow bark and birch bark bird toys. Photographs of two types of bird toys were submitted. One type consists of strips of bark plaited together to form a cylindrical tube. The second type consists of pieces of bark in various shapes such as stars, hearts and squares strung on a string. The bird toys are hung inside birdcages for the birds to peck on.

The applicable subheading for the bird toys made of plaited bark strips will be 4602.19.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Of vegetable materials: Other: Other: Other: Other. The rate of duty will be 2.3 percent ad valorem.

The applicable subheading for the bird toys made of strung shaped bark pieces will be 9602.00.5080, HTSUS, which provides for: Worked vegetable or mineral carving material and articles of these materials; molded or carved articles of wax, of stearin, of natural gums or natural resins, of modeling pastes, and other molded or carved articles, not elsewhere specified or included; worked, unhardened gelatin (except gelatin of heading 3503) and articles of unhardened gelatin: Other: Other. The rate of duty will be 2.7 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 the World Wide Web at http://www.usitc.gov/tata/hts/.

Importation of these products 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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