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NY 802336

September 30, 1994

CLA-2-94:S:N:N:N8:233 802336


TARIFF NO: 9401.79.0045

Mr. Joseph J. Kenny, Atty-in-Fact
Liberty International, Inc.
470 Main street
Pawtucket, RI 02860

RE: The tariff classification of an Infants' Comfort Seats from China.

Dear Mr. Kenny:

In your letter dated August 1, 1994, on behalf of Summer Infant Products, Inc., you requested a tariff classification ruling.

Four samples of the Summer Infants' Seats were submitted to this office for classifiation. The first sample, Summer Model #1200, is the Funtime Seat. It is a gentle bouncer with an educational toybar. The quilted cover conforms naturally to baby's shape and it removes easily for machine washing and drying. The two-way restraining belt adjusts for maximum security and comfort and the 2 position toy bar attaches/detaches easily. The canopy accessories protect baby from wind and sunlight. The toybar offers many fun and exciting ways to stimulate, entertain and educate the baby.

Summer Model #1146 is the Comfort Seat. It is a gentle bouncer with an educational toybar. It features the infant support cushion and has 9 fun activities and sounds, easy no-tool assembly: the 2 position toybar attaches/detaches easily. The support cushion cradles newborn during early development stages and supports infant's head and body. The restraining belt features easy-to-use buckle system and has a large rear storage pocket for baby's accessories.

The third sample is the Playtime Bouncer Seat. It is a gentle bouncer with an educational toybar. It has a quilted cover that conforms naturally to baby's shape and removes easily for machine washing and drying. It has a two position toybar with fun activities and sounds that attache and detache easily.

The final sample is the Traveltime Portable Bouncer Seat. It is a gentle bouncer with an educational toybar. It includes a Developmental Teething Toy and folds flat for travel or storage and is completely assembled and ready to use. It has 2-way safety straps to secure baby and an easy to remove cover, machine washable and dryable. All four seats are metal framed, polyester covered infant seats designed for use on the floor by infants or small children.

The applicable subheading for the four Summer Infants' Comfort Seats will be 9401.79.0045, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Household. The rate of duty will be 4 percent 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 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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