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NY N022651

February 5, 2008



TARIFF NO.: 9401.80.4045

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of a plastic chair from China.

Dear Ms. Davidson:

In your letter dated January 30, 2008, you requested a tariff classification ruling.

Photographs and a description have been provided for an item referred to as the “Oh! Chair.” This is a stackable chair constructed of polypropylene with powder-coated steel legs. The plastic seat has been molded with openings that provide ergonomic support.

The applicable subheading for the plastic chair will be 9401.80.4045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Seats (other than those of heading 9402) whether or not convertible into beds, and parts thereof: Other seats: Of rubber or plastics: Other: other.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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