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NY 808693




April 25, 1995

CLA-2-94:S:N:N8:233 808693

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Mr. Timothy F. Buntel
Hasbro, Inc.
1027 Newport Avenue
P.O. Box 1059
Pawtucket, Rhode Island 02862-1059

RE: The tariff classification of a Pop 'N Go Playard from China or Thailand.

Dear Mr. Buntel:

In your letter dated March 23, 1995, you requested a tariff classification ruling.

The furniture item is called a Pop 'N Go Playard, numbered 30820, 30821, and 30822. The three numbers refer to three different fabric themes. First Pictures, Safari Pals, and Playful Days. The Pop 'N Go Playard is a portable infant play pen/yard. The frame consists of coated aluminum tubing and the "skin" is nylon fabric and mesh. The top rails are padded with a polyfill for safety. The base vinyl pad is covered with a fitted, printed poly/cotton case that can be removed for machine washing. The product also comes with a nylon bag for storage and transporation.

The product is designed for fast setup and breakdown with the fiberboards, pad and all accessories remaining in the unit during folding. None of these parts are removed for storage as in other similar products. It measures overall 41 inches wide x 29 inches deep x 30 inches high with a 41 inches x 9 inches x 13 inches folded dimensions. The Pop 'N Go Playard is designed to be placed on the floor or ground.

The Pop 'N Go Play yard is imported unassaembled in a single package with all the above components. Preparation of the product for use constitutes a minor assembly. The play yard consists of different components and is considered a composite good.

Regarding the essential character of the Pop 'N Go Playard, the Explanatory Notes to GRI 3 (b) (Viii) states the factor which determines essential character will vary as between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity. weight or value, or the the role of a constituent material in relation to the use of the goods. The nylon fabric and mesh is the essential character of the Pop 'N Go Playard.

The applicable subheading for the Pop 'N Go Playard will be 9403.80.6040, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Furniture of other materials, including cane, osier, bamboo or similar materials, other, household. The duty rate will be 3.2 percent ad valorem.

Goods classifiable under subheading 9403.80.6040, HTS, which are products of Thailand, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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