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NY D84936




November 24, 1998

CLA-2-94:RR:NC:SP:233 D84936

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Ms. Stacy Bauman
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of an infants' portable play yard and travel crib from China.

Dear Ms. Bauman:

In your letter dated November 18, 1998, on behalf of Evenflo Company Inc., you requested a tariff classification ruling.

The submitted sample is the "Evenflo PlayCrib Cabana & Bassinet." It is a folding play crib with a removable bassinet. The play crib is designed to restrict an infant's mobility while at play. The removable bassinet, which is designed to be used solely with the play crib, is for smaller infants with limited mobility. The bassinet allows the smaller infant to be close to the top of the play crib. The play crib has a removable cabana, which can be used with the play yard or on its own. The play crib is portable and has two wheels on one end for ease of movement. It is composed of a steel frame with 100% nylon material with mesh inserts. The cover features a metal pullout handle to pull the folded play crib.

The Evenflo PlayCrib Cabana & Bassinet consists of different components and is considered a composite good. Regarding the essential character of the article, the Explanatory Notes to GRI 3 (b) (VIII) state that 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 by the role of a constituent material in relation to the use of the goods. The essential character of the PlayCrib Cabana & Bassinet is imparted by its textile components.

Your sample is being returned as requested.

The applicable subheading for the PlayCrib Cabana & Bassinet will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of other materials, including cane, osier, bamboo or similar materials: other, household. The rate of duty will be 0.8% ad valorem.

The merchandise is not subject to quota restraints or visa requirements.

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

A copy of the 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,

Robert B. Swierupski

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