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NY R03718




May 9, 2006

CLA-2-85:RR:NC:N1:112 R03718

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9795

Sean P. Stamper
Entry Writer,
Unitrans International Corp.
709 S. Hindry Ave.
Inglewood, CA 90301-3005

RE: The tariff classification of a sleep-aid apparatus from Taiwan

Dear Mr. Stamper,

In your letter dated April 12, 2006, you requested a tariff classification ruling on behalf of Humanity Cry No More, LLC of Kailua-Kona, Hawaii.

The item concerned is the Baby Cry No More. It is a hard plastic apparatus with a rounded head and a straight, aluminum arm extending outward from about one-third down its back which ends in a “T” shape. A flat, rectangular piece of hard plastic is hinged on top of and parallel to the cross-arm of the “T”. The item is powered by a DC solenoid connected via cord and plug to an AC outlet. Other functioning components of the Baby Cry No More include a night-light, a sound-activated digital lullaby and a timer.

The purpose of the item is to help encourage sleep in a tired infant. The arm of the Baby Cry No More is placed under the mattress on which the infant is lying and, when activated, begins to move in a patting motion; the digital lullaby is also activated in conjunction with the aluminum arm.

You proposed classification of this item in subheading 9403.90.80 of the Harmonized Tariff Schedule of the United States (HTSUS) which provides for “Other furniture and parts thereof: Parts: Other: Other”.

Classification of goods in the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRIs). GRI 1. states, “ ... classification shall be determined according to the terms of the headings ... “. Heading 9403 of the HTSUS provides for “Other furniture and parts thereof”; the Baby Cry No More is not a piece of furniture (defined in the Merriam-Webster Online Dictionary as “moveable articles used in readying an area for occupancy or use”). The Baby Cry No More does not “ready” or prepare an area for occupancy or use. Nor is the Baby Cry No More a part of any item of furniture that “readies” or prepares an area for occupation or use.

The applicable classification subheading for the Baby Cry No More will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere ... : Other machines and apparatus: Other: Other: Other: Other: Other”. The rate of duty will be 2.6%.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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