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NY F85102




April 6, 2000

CLA-2-94:RR:NC:SP:233 F85102

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of storage units from China.

Dear Mr. Pellegrini:

In your letter dated March 29, 2000, on behalf of RGI Incorporated, you requested a tariff classification ruling.

The submitted photograph depicts the following items to be imported:

Item No. B007-CW175 is a shirt or towel holder. The article consists of a wooden frame with a canvas insert. The insert creates four shelves suitable for holding towels, shirts and the like. The article is 32 inches high, 16 inches wide and 14 inches deep.

Item No. BARP-102-W is a hamper consisting of a wooden frame and a canvas insert. The article measures 32 inches in height, 15.5 inches wide and 14 inches deep.

Item No. B007-CW176 is a shoe organizer similar to the shirt holder except that the canvas insert has more shelves and separations to be suitable for holding footwear.

All of the articles are designed to be placed on the floor.

We find that each of the above-described items is a composite good whose essential character is not clearly imparted by either the canvas insert or the wooden frame. General Rule of Interpretation ("GRI") 3(c), Harmonized Tariff Schedule of the United States (HTS) provides that such products shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the classification for the canvas insert occurs last.

The applicable subheading for the shirt or towel holder, hamper and shoe organizer 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 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
Director,

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