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NY A82369



April 22, 1996

CLA-2-94:RR:NC:FC: 233 A82369

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0015; 4202.92.3030

Mr. Paul Leitner
Continental Agency
135 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of a collapsible chair with carrying bag from China.

Dear Mr. Leitner:

In your letter dated April 3, 1996, on behalf of Tofasco of America, you requested a tariff classification ruling.

The submitted sample is a metal frame chair with a textile seat and padded back. It collapses for ease of storage and transport and is sold with a textile carrying bag which serves as packing and transport for the chair. The collapsible chair is an article of utility designed to be placed on the floor or ground. The dimensions when folded are: diameter: 4", height: 29", and, when opened, seat size: 19" x 19", seat height: 18.5". The chair is marketed for outdoor use such as sporting events, camping or beach.

You indicate that the chair is imported and sold with the textile carrying bag. The bag is composed of nylon and has a shoulder strap. It is not specially shaped and fitted to contain any particular article. Since the bag is not specially shaped and fitted it cannot be classified within GRI 5(a) if imported with the chair.

The applicable subheading for the collapsible chair will be 9401.79.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats with metal frames: Other: Outdoor: With textile covered cushions or textile seating or backing material: Other. The rate of duty will be 2.4% ad valorem.

The applicable subheading for the carrying bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for Travel, sport and similar bags: with outer surface of textile materials: Other: Of man-made fibers: Other. The rate of duty will be 19.5% ad valorem.

Tariff item number 4202.92.3030 falls within textile category designation 670. As a product of China, this merchandise is subject to quota and visa restrictions based upon international textile agreements.

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

A copy of this 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 212-466-5739.

Sincerely,

Roger J. Silvestri

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