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NY K89790

October 21, 2004

CLA-2-39:RR:NC:SP:222 K89790


TARIFF NO.: 3925.90.0000

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O Box 1199
Williston, VT 05495

RE: The tariff classification of the “Perching Bird Hideaway” from China.

Dear Ms. Marcoux:

In your letter dated September 21, 2004, you requested a tariff classification ruling.

A sample was provided with your letter. The Perching Bird Hideaway (#27150) is designed to be permanently mounted inside the home as a hiding spot for money or small pieces of jewelry or outside the home as a decorative receptacle for spare keys. The hollow branch-shaped base incorporates two holes in the back to allow for installation by means of the included screws. The top is in the shape of two bird figurines that sit atop the branch and hide the contents. You describe the component materials as polyresin and calcium carbonate. You have stated that the calcium carbonate is not derived from natural stone.

The applicable subheading for the Perching Bird Hideaway will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for builders' ware of plastics, not elsewhere specified or included: other. 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.


Robert B. Swierupski

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