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NY 888581

August 16, 1993

CLA-2-69:S:N:N3:227 888581


TARIFF NO.: 6912.00.5000

Mr. Warren E. Coe
Amway Corporation
7575 Fulton Street, East
Ada, MI 49355-0001

RE: The tariff classification of an earthenware bird feeder from Taiwan.

Dear Mr. Coe:

In your letter dated June 23, 1993, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is an oblong-shape earthenware bird feeder, item number Z1644, which measures approximately 8.25 inches in height with a 3.25 inch base diameter. It possesses the following features: a removable top lid onto which a bird is affixed; a textile cord that is inserted through the small apertures of its top portion and lid for hanging purposes; two openings, situated near its bottom, which provides easy access to the food; and a small wooden-like stick that is designed to be inserted through the small apertures located directly below the cavities used to access the food.

You feel that this merchandise should be properly classified under subheading 6914.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic articles, other. However, since this merchandise is of a class or kind that is used in the household area, it is specifically provided for elsewhere, thereby precluding consideration of classification under the above subheading.

The applicable subheading for the earthenware bird feeder will be 6912.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles of ceramic. The rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire

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