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NY A85343




July 2, 1996

CLA-2-94:RR:NC:FC:233 A85343

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.40.0000

Mr. John E. Robinson, Jr.
JCI Marketing, Inc.
127 Whitecaps Circle
Maitland, FL 32751-5851

RE: The tariff classification of Futon furniture from Chile or Mexico.

Dear Mr. Robinson:

In your letter dated June 26, 1996, you requested a tariff classification ruling.

The furniture to be imported will be Futon furniture made of wood, native to the country of origin. Only the basic wooden frames and the necessary hardware will be imported. The Futon mattress or cushion will be purchased in the United States.

The applicable subheading for the Futon furniture, if imported from Chile, will be 9401.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ...Seats other than garden seats or camping equipment, convertible into beds. The rate of duty will be 1.9% ad valorem.

The applicable subheading for the Futon furniture, if imported from Mexico, will be 9401.40.0000, HTS, which provides for ...Seats other than garden seats or camping equipment, convertible into beds. The furniture, being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTS General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Roger J. Silvestri

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