N327833

N327833 September 6, 2022 CLA-2-73:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 7323.99.9080; 9903.88.03 Ms. Gayle E. Meagher Charles M. Schayer & Company 3839 Newport Street Denver, CO 80207 RE: The tariff classification of bird feeders from China Dear Ms. Meagher: In your letter dated August 24, 2022, on behalf of your client, Classic Brands LLC, you requested a tariff classification ruling. A breakdown of material sheets and photographs were submitted with your request. The importer’s website and samples were also reviewed. Samples have been previously sent back to you. The five items concerned are the 12 SQU X-2, 105 SF Hopper, 13 SQU X-3, 106 SF X4, and 16 SQU X-6 bird feeders. All of the bird feeders are predominately made from plastic and steel components. The articles are designed for outdoor use. The first item is referred to as the 12 SQU X-2. It is a brown cylindrical bird feeder that measures approximately 8 inches long by 11.25 inches wide by 11 inches high. The item contains a polystyrene plastic housing and a polypropylene plastic port shutter. The perch is made of zinc alloy. The port shield, actuator, baseplate, roof, and the roof hinge are all steel. The plastic feed tube contains a steel lid and a steel base. A wire is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are two ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 4 pounds of seed. The second item is referred to as the 105 SF Hopper. It is a bronze square bird feeder that measures approximately 8.5 inches long by 8.5 inches wide by 9 inches high. The item contains a polystyrene plastic clear panel, a polycarbonate plastic cap mount, a polypropylene plastic actuator. The cap is made of aluminum. The feeder base, perch, roof, side panel, assembly bracket and the panel retainer are all steel. The plastic feed tube is housed inside the bird feeder. A wire is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user would press the push button to open up the top cap. There are four ports where birds can perch on the feeder. The feeder can hold approximately 3.6 pounds of seed. The third item is referred to as the 13 SQU X-3. It is a bronze cylindrical bird feeder that measures approximately 6.75 inches long by 9.75 inches wide by 19 inches high. The item contains a hanger bar, roof lock, shutter, and a lock collar which are all made of polypropylene plastic. The tube is made of polycarbonate plastic. The hourglass perch is made of zinc alloy. The stamped band, roof, port cover bottom plate, diffuser port are all steel. The plastic feed tube contains a steel lid and a steel base. A flexible cable wire loop encased in plastic is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are two ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 5 pounds of seed. The fourth item is referred to as the 106 SF X4. It is a grey cylindrical bird feeder that measures approximately 5.5 inches long by 6.5 wide by 15.75 inches high. The item contains a polycarbonate plastic housing and a polypropylene plastic feeder button. The flip cap, mixed seed port, and tube cap are all aluminum. The base, base foot, and cage weldment are all steel. The plastic feed tube is housed inside the bird feeder. A flexible cable wire loop encased in plastic is attached to the top steel lid so the item can be hung. To fill the feeder with bird seed, the user presses the button under the roof to open the cap. There are four ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 1.5 pounds of seed. The fifth item is referred to as the 16 SQU X-6. It is a bronze cylindrical bird feeder that measures approximately 6.9 inches long by 6.9 inches wide by 22 inches high. The item contains a port sleeve retainer, tension nut, adjustment nut sleeve, basin mount, seed funnel, tube lock ring, large capacity seed tube, cap lock, and a cap hanger bar that are all polycarbonate plastic. The cap bushing is made of nitrile shore rubber. The spring post and spring nut are all made of acetal plastic. The tube shield guard, the tube shield baffle, the metal basin, and cap are all aluminum. The port sleeve basin, perch ring weldment, port sleeve, compression spring, and hanger are all steel. The plastic feed tube contains a steel lid and a steel base. A steel hanger is attached to the top steel cap so the item can be hung. To fill the feeder with bird seed, the user lifts off the top steel cap. There are six ports where birds can perch on the feeder. The spring-loaded perch design shuts all ports simultaneously when the weight of a squirrel or larger bird is applied to the perches. The feeder is squirrel resistant and can hold approximately 6.1 pounds of seed. You propose classification for all five bird feeders in subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other. Other.” We disagree. The steel and plastic bird feeders under consideration are both composite articles. 12 SQU X-2 is comprised of a polystyrene plastic housing, a polypropylene plastic port shutter, a zinc alloy perch, a steel port shield, a steel actuator, a steel baseplate, a steel roof, and a steel roof hinge. 105 SF Hopper is comprised of a polystyrene plastic clear panel, a polycarbonate plastic cap mount, a polypropylene plastic actuator, an aluminum cap, a steel feeder base, a steel perch, a steel roof, a steel side panel, a steel assembly bracket and a steel panel retainer. 13 SQU X-3 is comprised of a hanger bar, roof lock, shutter, and a lock collar which are all made of polypropylene plastic. A polycarbonate plastic tube, a zinc alloy hourglass perch, a steel stamped band, a steel roof, a steel port cover bottom plate, a steel diffuser port. 106 SF X4 is comprised of a polycarbonate plastic housing and a polypropylene plastic feeder button. An aluminum flip cap, an aluminum mixed seed port, and an aluminum tube cap, a steel base foot, a steel cage weldment, and a steel base. 16 SQU X-6 is comprised of a port sleeve retainer, tension nut, adjustment nut sleeve, basin mount, seed funnel, tube lock ring, large capacity seed tube, cap lock, and a cap hanger bar that are all made of polycarbonate plastic. The cap bushing is made of nitrile shore rubber. The spring post and plastic spring nut are made of acetal plastic. The metal basin, cap, tube shield guard and the tube shield baffle are all made of aluminum. The port sleeve basin, perch ring weldment, port sleeve, compression spring, and hanger are all made of steel. The steel, aluminum, zinc alloy, rubber, and plastic components are classified in different headings. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedule covers the steel, aluminum, zinc alloy, rubber, and plastic components of the bird feeders in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different mate