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NY D85750




December 17, 1998

CLA-2-94:RR:NC:SP:233 D85750

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.69.6010; 9401.69.8010

Mr. Michael E. Lahar
A.N. Deringer, Inc.
P.O. Box 284
Highgate Springs, VT 05460

RE: The tariff classification of glider rocking chairs and ottomans with cushions from Canada.

Dear Mr. Lahar:

In your letter dated November 3, 1998, on behalf of Dutailier Group, Inc., you requested a tariff classification ruling.

The furniture items to be imported consist of glider rocking chairs and ottomans with cushions. They are made of wood and designed to sit on the floor.

The applicable subheading for the glider rocking chairs will be 9401.69.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats with wooden frames: other: other: chairs: other, household. The general rate of duty will be 1.1% ad valorem. Effective January 1, 1999 the rate of duty will be free.

The applicable subheading for the ottomans will be 9401.69.8010, HTS, which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats, with wooden frames: other: other: other, household. The general rate of duty will be 0.5% ad valorem. Effective January 1, 1999 the rate of duty will be free.

You have also inquired as to whether the cushions have to be marked with fiber content and whether a textile declaration is required for each style of chair because of the cushions. Please note that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, regarding such marking 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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