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The tariff classification of a hummingbird feeder from China.
Issued February 21, 2017 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N283051 (February 21, 2017)
Tariff classification
HTS codes: 7013.99.8000
Headings: 7013
GRI rules applied: GRI 3(a), GRI 3(b)
Product description
The hummingbird feeder measures approximately 6 inches long by 4 inches wide by 7.25 inches high. It consists of a lipped clear glass bowl with a removable red glass convex lid which is suspended in a metal frame. From the information you provided, the glass bowl is borosilicate glass, is not pressed and toughened (specially tempered), and the color is applied to the surface of the red glass lid. The unit value is more than three dollars but not more than five dollars, and the glass is not cut or engraved. The hummingbird feeder is a composite good comprised of different materials that are classifiable in different headings. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 3(b) of the HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The glass component provides the essential character of this item.
CBP rationale
The applicable subheading for the hummingbird feeder, item number 1234, will be 7013.99.8000, HTSUS, which provides for “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…: Other glassware: Other: Other: Other: Valued over $3 each: Other: Valued over $3 but not over $5 each.
Full text
N283051 February 21, 2017 CLA-2-70:OT:RR:NC:N2:226 CATEGORY: Classification TARIFF NO.: 7013.99.8000 Ms. Linda Winton MSR Imports Inc. 6920 Central Highway Pennsauken, NJ 08109 RE: The tariff classification of a hummingbird feeder from China. Dear Ms. Winton: In your letter dated January 18, 2017, you requested a tariff classification ruling. The merchandise under consideration is a hummingbird feeder, item number 1234. A sample was submitted with your ruling request and will be returned to you. The hummingbird feeder measures approximately 6 inches long by 4 inches wide by 7.25 inches high. It consists of a lipped clear glass bowl with a removable red glass convex lid which is suspended in a metal frame. From the information you provided, the glass bowl is borosilicate glass, is not pressed and toughened (specially tempered), and the color is applied to the surface of the red glass lid. The unit value is more than three dollars but not more than five dollars, and the glass is not cut or engraved. The hummingbird feeder is a composite good comprised of different materials that are classifiable in different headings. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 3(b) of the HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The glass component provides the essential character of this item. The applicable subheading for the hummingbird feeder, item number 1234, will be 7013.99.8000, HTSUS, which provides for “Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…: Other glassware: Other: Other: Other: Valued over $3 each: Other: Valued over $3 but not over $5 each.” The general rate of duty will be 11.3 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 https://hts.usitc.gov/current. 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 Nicole Sullivan at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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