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NY L88341





October 26, 2005

CLA-2-94:RR:NC:SP:233 L88341

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.90.8040

Mr. William Springfield
249 E. Ocean Blvd., Suite 1008
Long Beach, CA 90802

RE: The tariff classification of a South Hampton bed from China.

Dear Mr. Springfield:

In your letter dated October 13, 2005, on behalf of Hillsdale Furniture, you requested a tariff classification ruling.

The item is a South Hampton bed consisting of headboards and footboards made of wood posts and metal grills. The model comes in twin, queen and king sizes. You have submitted a picture an assembled bed with your request.

The wood and the metal used to construct the South Hampton 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 metal imparts the essential character to the good.      

The applicable subheading for the South Hampton bed will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Parts: Other: Other, Of metal.” 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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