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NY K88266





August 10, 2004
CLA-2-94:RR:NC:SP:233 K88266

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Ms. Rosalynn Barone
Philip Thompson Customs Brokers
11099 South La Cienega Blvd.
Suite 248
Los Angeles, CA 90045

RE: The tariff classification of a bed from China.

Dear Ms. Barone:

In your letter dated July 27, 2004, on behalf of Modus Furniture International, you requested a tariff classification ruling.

The submitted photograph depicts the Milano Collection bed consisting of a wood frame upholstered with bicast leather.

The leather and the wood used to construct the bed form a composite good. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the leather imparts the essential character to the good.

The applicable subheading for the bed will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other furniture and parts thereof: Furniture of other materialsOther, 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.

Sincerely,

Robert B. Swierupski
Director,

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