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NY E89355

December 1, 1999

CLA-2-94:RR:NC:SP:233 E89355


TARIFF NO.: 9401.80.6030

Mr. Dave Pentland
Carson Customs Brokers (USA) Inc.
P.O. Box 635
Blaine, WA 98231

RE: The tariff classification of a stadium seat from China with a blanket from China or Canada.

Dear Mr. Pentland:

In your letter dated November 4, 1999, on behalf of Kanata Blanket Co., you requested a tariff classification ruling.

The submitted sample, referred to as a Folding Stadium Seat, is a portable seat. The seat is constructed of a layer of foam sandwiched between a woven polyester fabric. Polyester web straps with plastic buckles on either side allow the person seated to adjust the seat for individual comfort. Permanently installed dowels are inserted down each side of the seat and back to provide rigid support. When the seat is unfolded and ready for use, one section of the seat extends horizontally and the other section extends vertically to act as the actual backrest. Each section measures approximately 16" x 18". When not in use, the seat can be collapsed flat for easy transportation or storage. A flap with plastic buckles secures the seat in the collapsed position. An adjustable shoulder strap and carrying handle are attached for toting. A blanket made of polyester is enclosed inside a pouch within the seat.

Your sample is being returned herewith.

Classification is based upon the General Rules of Interpretation. The Folding Stadium Seat with blanket is considered a set for classification purposes. GRI 3(b) states in part that "goods made up of different components which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character". This office finds the essential character of the subject article to be imparted by the seat.

The applicable subheading for the Folding Stadium Seat with blanket will be 9401.80.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for seats, whether or not convertible into beds, and parts thereof: other seats: other, other. The rate of duty will be free.

The blanket, if a product of China, falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. If a product of Canada, the blanket does not require a visa and it is not subject to quota restrictions.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 212-637-7061.


Robert B. Swierupski

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