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NY E89700




November 22, 1999

CLA-2-63:RR:NC:TA:352 E89700

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. David Metty
Global Transportation Services, Inc.
895 Blue Gentian Road
Eagan, MN 55121

RE: The tariff classification of infant carrier from China.

Dear Mr. Metty:

In your letter dated November 4, 1999, on behalf of your client InSTEP LLC, you requested a tariff classification ruling. The sample is being returned as requested.

The submitted sample, designated as Model FC 100 Lightweight Aluminum Frame Carrier, is an infant carrier constructed of rip stop nylon filament fabric mounted on an aluminum frame. The carrier features padded shoulder straps, a padded waist belt and a sternum strap. These straps distribute the weight of the infant over the whole back, shoulders and hips and decrease the pressure on the shoulders. A detachable canopy made of nylon fabric with a knit man-made fiber panel for ventilation provides protection for the infant from sun and rain. This article is equipped with a storage bag made from nylon woven fabric and knit man-made fiber fabric. Besides helping to support and distribute the weight of the infant, the aluminum frame opens in a V configuration when removed from the carrier’s back and provides a base to place the carrier on a table or floor without removing the infant from the carrier.

The primary function of this article is as an infant carrier and its use as a chair for the infant when not in the carrying mode is clearly subsidiary to its function as a carrier. Based upon the function, value and quantity of the materials from which this item is constructed, the essential character of this item is imparted by the textile fabric.

The applicable subheading for the infant carrier will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, other, other, other, other, other. The rate of duty will be 7 percent ad valorem.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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