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NY 808492

CLA-2-94:S:N:N8:233 808492


TARIFF NO.: 9403.80.6040

Messrs. John M. Peterson & George W. Thompson Neville, Peterson & Williams
Counsellors at Law
80 Broad Street
New York, New York 10004

RE: The tariff classification of the Pack 'N Play Yard with Bassinet from China or Taiwan.

Dear Messrs. Peterson & Thompson:

In your letter dated March 23, 1995, on befalf of Graco Children's Products, Inc. (Graco), of Thousand Oaks Corporate Center, Morgan Way, Morgantown, Pa., you requested a tariff classification ruling.

The Graco Pack 'N Play Yard with Bassinet is a lightweight folding, portable playpen or play yard designed for use by infants or small children. The play yard has a study metal frame to which side and end panels made of manmade textile fibers are attached. The mesh fabric in these panels allows the child in the play yard to look outside and permits the supervising adult to see inside in order to monitor the child's activities. Also included is a removable padded floor board and a manmade fiber sheet sized to fit over the floorboard, and a fiber mosquito netting sized to fit over the play yard, if desired, to repel insects.

The floorboard encloses the "Pack 'N Play Yard with Bassinet when it is folded up, and features a textile carrying handle. In addition, in its imported condition, the play yard features a zippered nylon carrying cover which fits over the folded floorboard, and through which the textile carrying handle can be inserted.

The Pack "N Play yard with Bassinet is imported in a single package with all the above components. Although it is imported in a "knocked down" condition, preparation of the product for use entails a simple deployment operation (which at most, constitutes a minor assembly). The four top nails of the metal frame each contain a "snap action" hinge in the center. The hinge may be for storage and carriage (and is bent when the product is imported), or straightened for use. When the hinges are straightened and the frame has been set up, the floorboard is covered with the fitted sheet and placed at the bottom of the frame and, if desired, the mosquito netting is attached to the top of the frame.

In addition, this new version of the Pack 'N Play Yard with Bassinet will feature a "bassinet insert", which can be used to convert the article into a portable bassinet. The insert is composed of a metallic frame featuring at least three (3) supporting bands to support the infant's body during sleeping. It is covered with a soft textile covering and features a sleeping pad. The bassinet attachment is designed to be suspended from the top of the "Pack "N' Play's frame, creating a safe sleeping environment for the infant which is suspended approximately 18 inches above the "Pack 'N Play's playpen surface.

The Pack 'N Play Yard with Bassinet consists of different components and is considered a composite good. Regarding the essential character of the Pack 'N Play Yard, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary as between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. The essential character of the play yard is imparted by its textile components.

Thus the applicable subheading for the Pack 'N Play Yard with Bassinet will be 9403.80.6040, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Furniture of other materials, including cane, osier, bamboo or similar materials, other, household. The duty rate will be 3.2 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
Area Director

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