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NY 894630





March 1, 1994

CLA-2-94:S:N:N8:233 894630

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.80.6030

Mr. Jason Q. Loughlin
110 W. Main, Apt. 4
Palmyra, New York 14522

RE: The tariff classification of a sitting hammock from Costa Rica.

Dear Mr. Loughlin:

In your letter dated January 8, 1994, you requested a tariff classification ruling.

The submitted sample depicts the furniture item as a sitting hammock. It is constructed of woven cotton and polyester. The hammock is hung from a central point such as a porch ceiling and is used for relaxation and sitting. The hammock is tied to a 1- 1/4 inches to 1-1/2 inches thick dowel of oak, 2 feet 6 inches to 3 feet in length.

The submitted sample is being returned to you under separate cover.
The marking statute, section 304,
Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be, marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. The submitted sample did not meet these marking requirements. The sitting hammock should be marked with the country of origin "Made in Costa Rica".

Regarding your question on the Pre-Entry Classification Program, enclosed is a separate sheet for your information.

The applicable subheading for the sitting hammock will be 9401.80.6030, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats: Other, other. The rate of duty will be 4 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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