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NY L88563

December 30, 2005

CLA-2-70:RR:NC1:126: L88563


TARIFF NO.: 7013.99.5000

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

RE: The tariff classification of a glass hummingbird feeder from China

Dear Ms. Marcoux:

In your letter, dated November 15, 2005, you requested a tariff classification ruling regarding a glass hummingbird feeder (#52210).

A sample of the article was submitted with your ruling request.

The advertising material submitted with your ruling request indicates that the product can be hung in the yard where it will function as a hummingbird feeder and also will create a unique decorative effect when it catches the sun’s rays.

The glass feeder includes a rubber stopper and a plastic feeding spout, as well as a hook in the shape of an “S” to facilitate hanging.

The article measures 7.5 inches in height and four inches in diameter.

Based on our examination of the sample, it appears that the body of the feeder consists of clear glass and that there is a spiral of blue glass attached to the surface of the article.

You indicated that the value of a single article is over thirty cents but not over three dollars.

The applicable subheading for the glass hummingbird feeder will be 7013.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesother glassware: other: other: other: valued over thirty cents but not over three dollars each. The rate of duty will be 30 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 http://www.usitc.gov/tata/hts/.

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 Jacob Bunin at 646-733-3027.



Robert B. Swierupski

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