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NY C85846





March 30, 1998

CLA-2-94:RR:NC:SP:233 C85846

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Mr. Marc S. Greenberg
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a portable infants' play crib from China.

Dear Mr. Greenberg:

In your letter dated March 20, 1998, on behalf of Evenflo Company, Inc., you requested a tariff classification ruling.

The submitted sample is the "Evenflo PlayCrib with Roll & Go". It is a folding play crib designed to restrict an infant's mobility while at play. The play crib is portable and features two wheels at one end for ease of handling. It is composed of a steel frame to which side and end panels made of 100% nylon woven material with mesh inserts are attached. The dimensions of the play crib when set up are 40" x 28" x 22-1/2". When folded up, the play crib features a textile carrying handle. In addition, the play crib features a zippered nylon carrying cover which fits over the folded play crib, and through which the textile carrying handle can be inserted. The cover features a metal pull-out handle so that the folded play crib can be wheeled.

The Evenflo PlayCrib with Roll & Go consists of different components and is considered a composite good. Regarding the essential character of the PlayCrib, 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 crib is imparted by its textile components.

The applicable subheading for the portable infants' play crib will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of other materials, including cane, osier, bamboo or similar materials: other, household. The rate of duty will be 0.8% ad valorem.

The merchandise is not subject to quota restraints or visa requirements.

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,

Robert B. Swierupski

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