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NY B87200

July 10, 1997

CLA-2-73:RR:NC:MM:113 B87200


TARIFF NO.: 7323.99.9060

Mr. Thomas F. Ewing
Five Islands Products, Inc.
HC 33 Box 462, Gotts Cove Lane
Georgetown, ME 04548

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of bird feeders from Mexico; Article 509

Dear Mr. Ewing:

In your letter dated June 26, 1997, you requested a ruling on the status of bird feeders from Canada under the NAFTA.

The merchandise is the "Squirrel Beater" bird feeder. The feeder is a tube-type feeder, designed to discourage squirrels from eating the seed or destroying the feeder. It consists of a 3-inch square, 18-inch long plastic tube. It has six feeding ports. It is covered with a metal cap on top and bottom. A wire cage surrounds the tube. The cage has a 9-inch square awning over it, a metal perch attached below each feeding port, and a metal shield above each port.

When the squirrel jumps onto the feeder, his weight will pull the cage down around the tube. The metal. shields cover the feeding ports, so the squirrel cannot reach the seed.

Your letter states that the feeders will be produced in Mexico from materials and parts which are themselves the products of either Mexico or the United States.

The applicable tariff provision for the bird feeder will be 7323.99.9060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for table, kitchen or other household articles, of iron or steel, other, other, not coated or plated with precious metal, other, other. The general rate of duty will be 3.4 percent ad valorem.

The bird feeder, being wholly obtained or produced entirely in the territories of Mexico and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 James Smyth at 212-466-2084.


Robert B. Swierupski
Chief, Metals and Machinery

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