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NY B83713





April 17, 1997

CLA-2-94:CL:PD:CO:TEB:F01

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.80.6030

John Elsberry
Business Manager
Crazy Creek Products
1401 South Broadway
Red Lodge, MT 59068

RE: The tariff classification of Crazy Creek chairs from China.

Dear Mr. Elsberry:

In your letter dated March 13, 1997, you requested a tariff classification ruling.

The furniture items consist of three styles of Crazy Creek Chairs, consisting of the Original Crazy Creek Chair (#1020), the Crazy Creek KletterRest (#2020), and the ThermaLounger (#1050). A sample of each style was submitted with your letter. These seats are many times referred to as camping seats.

The first item, the Original Crazy Creek Chair has an exterior composition of weather resistant fabric and is fitted with an interior layer of EVA foam as well as carbon fiber stays used as the support frame. This item has polypropylene straps and plastic buckles for adjusting the position of the seat. The second item, the Crazy Creek KletterRest, is identical in construction with the addition of a stuff sack and shoulder straps on the back of the seat.

The third item, the ThermaLounger, has an outer shell made of weather resistant fabric. It is not fitted internally with foam, but instead allows the user to insert their own self-inflating pad into the shell to produce a chair/mattress combination. This seat has polypropylene straps and plastic buckles for adjusting the position of the seat. The seats do not have legs and are designed to be used on the ground in camping or other outdoor activities. When the articles are unfolded and ready for use, one section of the seat extends horizontally and another section extends vertically to act as the actual backrest.

The applicable subheading for the Crazy Creek chairs will be HTS 9401.80.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for seats and parts thereof; other seats; other. The duty rate will be 1.6 percent ad valorem. Articles classified under HTS 9401.80.6030 are not subject to visa requirements or quota restraints.

In your letter, you also request advice concerning the country of origin marking requirements. Included with your letter was the actual hang tag which is attached to each seat. The country of origin marking "Made in China" which appears on the hang tag is acceptable. The information presented in your letter was not clear as to whether the hang tags are on the products at the time of importation. According to Section 134.11 of the Customs Regulations, the country of origin marking must appear in a conspicuous place at the time of importation into the Customs territory of the United States.

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 already been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John M. Regan
Service Port Director

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