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NY R01869





May 3, 2005

CLA-2-94:RR:NC:SP:233 R01869

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0050

Ms. Sabrina Lucente
The Global Group
580 Supertest Road
Downsview, ON M3J 2M7

RE: The tariff classification of metal framed chairs from China.

Dear Ms. Lucente:

In your letter dated April 28, 2005, you requested a tariff classification ruling.

The merchandise to be imported consists of three types of metal framed chairs as follows:

Chair 1 is an armchair on casters with a non-folding rigid frame and a flip up seat for horizontal nesting.

Chair 2 is an armchair on glides with a rigid non-folding frame and flip up seat, intended for vertical stacking or horizontal nesting.

Chair 3 is an armless chair on glides with a non-folding frame and flip up seat for vertical stacking or horizontal nesting.

You have submitted pictures of the subject chairs with your request.

The applicable subheading for the above described metal framed chairs will be 9401.79.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other: Other: Other.” The rate of duty will be Free.

You have asked whether the merchandise in question is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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