L80138 L8 Ruling Active

The tariff classification of a decorative teapot birdhouse from China.

Issued November 3, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3926.40.0000

Headings: 3926

Product description

The submitted illustration is identified as a Teapot Birdhouse Decoration, item number 27750. The teapot birdhouse is made of plastic and is decorated with three-dimensional purple irises, variegated leaves with stems and a colorful butterfly. The teapot measures approximately 5-3/4 inches high by 6 inches wide. The top includes an adjustable 5-1/2 inch metal chain. The teapot can be hung or placed on a shelf. Although the side of the teapot has a small hole that gives the appearance of an entrance for birds, it is not a functional birdhouse. This is a decorative article of plastic used in the home.

CBP rationale

The applicable subheading for the plastic teapot birdhouse will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles.

Full text

NY L80138 November 3, 2004 CLA-2-39:RR:NC:SP:221 L80138 CATEGORY: Classification TARIFF NO. 3926.40.0000 Ms. Francine Marcoux Hampton Direct P.O. Box 1199 Williston, VT 05495 RE: The tariff classification of a decorative teapot birdhouse from China. Dear Ms. Marcoux: In your letter dated September 30, 2004, you requested a classification ruling. The submitted illustration is identified as a Teapot Birdhouse Decoration, item number 27750. The teapot birdhouse is made of plastic and is decorated with three-dimensional purple irises, variegated leaves with stems and a colorful butterfly. The teapot measures approximately 5-3/4 inches high by 6 inches wide. The top includes an adjustable 5-1/2 inch metal chain. The teapot can be hung or placed on a shelf. Although the side of the teapot has a small hole that gives the appearance of an entrance for birds, it is not a functional birdhouse. This is a decorative article of plastic used in the home. The applicable subheading for the plastic teapot birdhouse will be 3926.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Statuettes and other ornamental articles. The rate of duty will be 5.3 percent ad valorem. 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, National Commodity Specialist Division

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