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NY H83337

July 11, 2001

CLA-2-94:RR:NC:SP:233 H83337


TARIFF NO.: 9403.80.6040; 9403.90.5000

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
P.O. Box 100
Elverson, PA 19520

RE: The tariff classification of Pack ‘N Play portable play yards from China.

Dear Ms. Dawson:

In your letter dated July 3, 2001, you requested a ruling on tariff classification.

The merchandise to be imported is the Pack ‘N Play. It is a lightweight, folding, portable playpen or play yard designed for use by infants or small children. The play yard has a sturdy metal frame to which side and end panels made of manmade textile fibers are attached. The mesh fabric in these panels allows the child in the play yard to look outside and permits the supervising adult to see inside in order to monitor the child's activities. Also included are a removable padded floorboard and a manmade fiber sheet sized to fit over the floorboard, and a fiber mosquito netting sized to fit over the play yard, if desired, to repel insects. The Pack ‘N Play will be imported with different features as follows:

Pack ‘N Play with Accessory Shelf

Pack ‘N Play with Bassinet

Pack ‘N Play w/o Bassinet

Pack ‘N Play with Changing Table

Pack ‘N Play with Electronic Topper

You have also requested a ruling on the electronic topper if imported separately. The electronic topper has the following capabilities:

Vibration for lulling baby to sleep
Built in night light
Music for child’s entertainment and to lull to sleep A timer for all the above features

The article is made of polypropylene with silicone rubber for the buttons and polycarbonate for the lens of the light. It is designed for and can only be used with the Pack ‘N Play.

The applicable subheading for the above Pack ‘N Play portable playards 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 free.

The applicable subheading for the electronic topper, if imported separately, will be 9403.90.5000, HTS, which provides for other furniture and parts thereof: parts: other: of rubber or plastics: other. The rate of duty will be free.

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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