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NY J82926

April 7, 2003

CLA-2-94:RR:NC:SP:233 J82926


TARIFF NO.: 9403.80.6040

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
150 Oaklands Boulevard
Exton, PA 19341

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

Dear Ms. Dawson:

In your letter dated March 28, 2003, you requested a tariff classification ruling.

Th Pack N Play 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.

In our ruling H83337, the Pack N Play portable play yards were classified under 9403.80.6040, HTS. You have inquired as to the correctness of this classification as one of your customers believes the play yards should be classified under 9403.20.0010, HTS, which provides for “Other furniture and parts thereof: Other metal furniture, household.” Although the play yards have metal frames, the essential character of the play yards is imparted by the textile component. Thus, the applicable subheading for the Pack N Play portable play yards remains 9403.80.6040, HTS, which provides for “Furniture of other materials, including cane, osier, bamboo or similar materials: Other, Household.” 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 646-733-3036.


Robert B. Swierupski

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