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NY J83175

April 14, 2003

CLA-2-94:RR:NC:SP:233 J83175


TARIFF NO.: 9403.20.0020; 9403.90.5000; 9403.90.8050

Ms. Donna L. Bade
Sandler, Travis & Rosenberg, P.A.
200 West Madison Street
Suite 2670
Chicago, IL 60606

RE: The tariff classification of Protect-O-Screens™ of unknown origin.

Dear Ms. Bade:

In your letter dated April 4, 2003, on behalf of W.W. Grainger, Inc., you requested a tariff classification ruling.

The merchandise to be imported is the Protect-O-Screen™ which consists of a steel frame made with 18-gauge square tubing covered by a black corrosion-resistant finish. It is available with either transparent vinyl or 12 oz. cotton duck curtains which have grommets inserted along all 4 edges and with are attached with connectors to the tubing. The Protect-O-Screens are designed to stand on the floor or ground and are used in workshops to protect workers and the surrounding area from hazardous sparks, arcs or open flames which may result during welding. The screens are available in varying heights and widths and can be expanded or adapted by the use of additional screens. They are portable, weighing no more than 23 lbs. each, and are available with casters for even added mobility. The screens are imported complete, but disassembled. You have requested a ruling on the Protect-O-Screens and the curtains when imported alone and have submitted literature providing a description of the product. The Protect-O-Screen is a composite good with the essential character imparted by the steel frame.

The applicable subheading for the Protect-O-Screens will be 9403.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures.” The rate of duty will be free.

The applicable subheading for the vinyl curtains when imported alone will be 9403.90.5000, HTS, which provides for “Other furniture and parts thereof: Parts: Of rubber or plastics: Other.” The rate of duty will be free.

The applicable subheading for the cotton duck curtains when imported alone will be 9403.90.8050, HTS, which provides for “Other furniture and parts thereof: Parts: Other: Other: Of cotton, cut to shape.” 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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