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NY 895286




March 11, 1994

CLA-2-94:S:N:N8:233 895286

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.90.5000; 9403.20.0010

Ms. Ivy Wu
Yuntek International, Inc.
29572 Union City Blvd.
Union City, CA 94587

RE: The tariff classification of a sofa chair cover, a sofa bed cover and a tubular furniture frame from Taiwan.

Dear Ms. Wu:

In your letter dated March 1, 1994, you requested a tariff classification ruling.

The furniture articles consist of three items which are a big folding sofa chair cover, an adjustable sofa bed cover and a tubular furniture frame. The first item is a big folding sofa chair cover. It is a cover for a chair that will be filled after importation into the United States. It is constructed of approximately 79 percent polyester and 21 percent cotton blend. The chemical analysis is approximately 38.6 percent spun T (short polyester fiber), 40.60 percent F.T. (long polyester fiber) and 20.80 percent cotton blend. The second item is an adjustable sofa bed cover. It will be used as a seat and filled after importation. The third item is a powder coated metal tubular furniture frame. It will be used as part of a chair, futon, or sofa. The frame is constructed of metal.

The polyester components of the covers imparts the essential character of the sofa chair cover and the sofa bed cover. When filled after importation into the United States, the covers will become articles of furniture called a big folding sofa and an adjustable sofa bed which are designed to be placed on the floor or ground.

The applicable subheading for the big folding sofa chair cover and the adjustable sofa bed chair cover will be 9401.90.5000, 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: Parts: Other. The rate of duty will be 4 percent ad valorem. The applicable subheading for the metal tubular furniture frame will be 9403.20.0010, HTSUSA, which provides for: Other furniture and parts thereof: Other metal furniture, household. 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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