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NY R02467

August 29, 2005

CLA-2-94:RR:NC:SP:233 R02467


TARIFF NO.: 9403.80.3010

Ms. Michelle Dias
Princess House Inc.
470 Myles Standish Blvd.
Taunton, MA 02703

RE: The tariff classification of a 3 Tiered Standing Shelf from China.

Dear Ms. Dias:

In your letter dated August 22, 2005, you requested a tariff classification ruling.

The items to be imported are #2154 Tiered Standing Shelf and #2161 Mini Cupboard. Item #2154 Tiered Standing Shelf is made of rattan rods and a metal wire frame and is packaged unassembled. The customer must assemble three pieces of wire and three rattan shelves to form the floor standing tiered shelf. The wire pieces assemble to form the base of the shelf and the rattan shelves can also be used as serving trays. Assembled, the item measures 17¼” L x 14¼” W x 26” H. The trays measure 16½” L x 14¼” W x 2¼” H.

The rattan rods and the metal wire frame used to construct the Tiered Standing Shelf 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 rattan imparts the essential character to the good.      

The applicable subheading for the 3 Tiered Standing Shelf will be 9403.80.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials Of rattan: Household.” The rate of duty will be Free.

Your inquiry does not provide enough information for us to give a classification ruling on Item #2161 Mini Cupboard. Please submit the following information:

Describe all the materials that make up the cupboard. Describe the condition of the material, e.g., rods, strip, etc. Submit a sample or a sample of the vegetable material, or a close-up view of the material.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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