HQ 955275: Bird stop, streetlight saver device; En 39.26

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

 



                            HQ 955275

                                             March 16, 1994

CLA-2 CO:R:C:M 955275 MMC

CATEGORY: Classification

TARIFF NO.: 3926.90.95

Mr. Fred Davis
Marloc Consultants
Mechanical & Electrical Service
333 Wharncliffe Road, Suite 15
London, Ontario N6J2L9 CANADA

RE: Bird stop, streetlight saver device; En 39.26

Dear Mr. Davis:

     This is in response to your communication received on October
26, 1993,  requesting a classification ruling for a streetlight
saver Davis birdstop device under the Harmonized Tariff Schedule of
the United States (HTSUS).  Descriptive literature and two samples
of the device were furnished.

FACTS:

     The article, which is made of low density polypropylene, is
designed to shield the inner cavity of a streetlight fixture from
entry, nest building, and gnawing at parts by birds, squirrels and
large insects.  It comes in various shapes and dimensions to
correspond to the various types of streetlight fixtures. 

     The product is a circular device with louvered air vents
around its interior circumference.  The center contains a hole,
which when installed is filled by the streetlight pole.  A split in
the lower middle portion of the shield allows the device to spread
open for installation.  A tab on the bottom of one side of the
split snaps into place on the other side of the split to secure the
device once installed.

ISSUE:

     What is the proper classification of the device?


LAW AND ANALYSIS:

     Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order. 
GRI 1, HTSUS, states in part that for legal purposes,
classification shall be determined according to the terms of the
headings and any relative section or chapter notes.  Chapter 39,
HTSUS, provides, in pertinent part, for plastics and articles
thereof.

     Heading 3926, HTSUS, provides for other articles of plastics
and articles of other materials of headings 3901 to 3914.  In
understanding the language of the HTSUS, the Harmonized Commodity
Description and Coding System Explanatory Notes may be consulted. 
The Explanatory Notes (EN), although not dispositive, are to be
used to determine the proper interpretation of the HTSUS.  54 Fed.
Reg. 35127, 35128, (August 23, 1989).   EN 39.26, pg. 575, states,
in pertinent part, that:

     [t]his heading covers articles, not elsewhere specified or
     included, of plastics, ...or of other materials of heading
     39.01 through 39.14.  [t]hey include:

          ...(6) [s]crews, bolts, washers and similar fittings of
          general use.

          ...(11) [v]arious other articles such as fasteners for
          handbags, corners for suit-cases, suspension hooks,
          protective cups and glides for placing under furniture,
          handles (of tools, knives, forks, etc.), beads, watch
          "glasses", figures and letters, luggage label-holders.

     Based on the explanatory note and the description provided, we
are of the opinion that the birdstop is classified in subheading
3926.90.95, HTSUS.

HOLDING:

     The birdstop is classified in subheading 3926.90.95, HTSUS,
which provides for [o]ther articles of plastics and articles of
other materials of headings 3901 to 3914: [o]ther: [o]ther, with a
general column one rate of duty of 5.3% ad valorem.

                              Sincerely, 



                              John Durant, Director
                              Commercial Rulings Division