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The tariff classification of hummingbird feeders from China.
Issued August 1, 2018 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N298709 (August 1, 2018)
Tariff classification
HTS codes: 7013.99.8000
Headings: 7013
GRI rules applied: GRI 3(a), GRI 3(b)
Product description
The merchandise under consideration is two hummingbird feeders, item number C-6HB, and item number 406. Item C-6HB consists of a clear glass cylindrical shaped body with a red screw-on plastic lid and base. A metal hanger is mounted to the top of the lid. It measures approximately 9 inches high by 7 inches wide. Item number 406 consists of a clear glass cylindrical shaped body. It has a red screw-on plastic lid and base that is painted with white flowers in the center of each feeding hole and perch. It measures approximately 9 1/2 inches high by 8 1/2 inches wide. From the information you provided, the glass is soda-lime glass, it is not pressed and toughened (specially tempered), and it is not cut or engraved. The unit value is more than three dollars but not more than five dollars. The hummingbird feeder is a composite good comprised of different materials that are classifiable in different headings, i.e., glass, plastic, and metal. Classification of merchandise under the Harmonized Tariff Schedule of the United States (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 these items.
CBP rationale
The applicable subheading for the hummingbird feeders, item number C-6HB and item number 406 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
N298709 August 1, 2018 CLA-2-70:OT:RR:NC:N1:126 CATEGORY: Classification TARIFF NO.: 7013.99.8000 Gayle Meagher Charles Schayer & Co. 3839 Newport Street Denver, CO 80207 RE: The tariff classification of hummingbird feeders from China. Dear Ms. Meagher: In your letter dated June 28, 2018, you requested a tariff classification ruling. Representative samples of the items were submitted for our review and will be returned to you. The merchandise under consideration is two hummingbird feeders, item number C-6HB, and item number 406. Item C-6HB consists of a clear glass cylindrical shaped body with a red screw-on plastic lid and base. A metal hanger is mounted to the top of the lid. It measures approximately 9 inches high by 7 inches wide. Item number 406 consists of a clear glass cylindrical shaped body. It has a red screw-on plastic lid and base that is painted with white flowers in the center of each feeding hole and perch. It measures approximately 9 1/2 inches high by 8 1/2 inches wide. From the information you provided, the glass is soda-lime glass, it is not pressed and toughened (specially tempered), and it is not cut or engraved. The unit value is more than three dollars but not more than five dollars. The hummingbird feeder is a composite good comprised of different materials that are classifiable in different headings, i.e., glass, plastic, and metal. Classification of merchandise under the Harmonized Tariff Schedule of the United States (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 these items. The applicable subheading for the hummingbird feeders, item number C-6HB and item number 406 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 the 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 Elena Pietron at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division
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