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NY F89597




July 28, 2000

CLA-2-94:RR:NC:SP:233 F89597

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0015

Mr. Robert Glover
L.E. Coppersmith, Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of a backpack/seat from China.

Dear Mr. Glover:

In your letter dated July 12, 2000, on behalf of Olympia Industrial, you requested a tariff classification ruling.

The submitted sample is a combination backpack/seat. The article is composed of a folding tubular metal X-shaped frame with a piece of polyester fabric which is sewn to the top of the frame in order to form a folding stool. Also attached to the frame is a backpack. The backpack has a main compartment with a buckle flap, a draw-cord opening and three roomy, buckle flap pockets. It measures approximately 20”H x 14”W x 8”D. The dimensions of the seat, when opened, are 17 ½”H x 13”W x 11”D. The design of the article shows that it is suitable for use both as a portable seat and as a backpack. Neither use appears to be casual, incidental, or subordinate to the other.

Your sample is being returned as requested.

We find that the above-described backpack/seat is a composite good whose essential character is not clearly imparted by either the backpack or the seat. 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 seat occurs last.

The applicable subheading for backpack/seat will be 9401.79.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats, with metal frames: other, outdoor: with textile covered cushions or textile seating or backing material: 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
Director,

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