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February 26, 1999

CLA-2-94:RR:NC:SP:233 D88298

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.80.4035

Mr. Carl Spöeth
NAUTILUS Technologies Inc.
7236 State Road 52, Suite #2
Bayonet Point, FL 34667

RE: The tariff classification of the “airCHair” stadium seat from China.

Dear Mr. Spöeth:

In your letter dated February 17, 1999, you requested a tariff classification ruling.

The submitted literature depicts the “airCHair,” an air inflated stadium seat designed to provide back support during use at outdoor activities such as sporting events and camping. The product has the following features:

.4mm PVC material, heat sealed at edges to create air chambers. Air inlet and air outlet valves for inflation and deflation. A low volume air pump which is adapted to the product and stored in a non-inflatable chamber in the product. Two molded plastic clips and strap/web material attached to the clips that provide back support to the product. Several non-inflatable chambers that are used for storage of personal items.

The product can be screen printed with trademarks and other logo information for promotional use. It will be available in several models with modified size, material, color, and minor shape changes.

The applicable subheading for the “airCHair” stadium seat will be 9401.80.4035, Harmonized Tariff Schedule of the United States (HTS), which provides for other seats: of rubber or plastics: other. The rate of duty will be free.

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 212-637-7061.

Sincerely,

Robert B. Swierupski

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