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NY G86311




January 22, 2001

CLA-2-94:RR:NC:SP:233 G86311

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.70.8030; 9401.79.0015

Ms. Deby Powell
Kids Only, Ltd.
48 Aberdeen Road
Framingham, MA 01701

RE: The tariff classification of a children’s patio set and children’s patio chairs from China.

Dear Ms. Powell:

In your letter dated January 9, 2001, you requested a tariff classification ruling.

The submitted catalog depicts the following items to be imported:

Kids Only!® Sunny Day Play™ Children’s Patio Sets, including, but not limited to, all color and fabric variations noted in the catalog. A set includes one patio table, two patio chairs and an umbrella. A set may or may not include one of the following accessories: Tilt mechanism for umbrellas
Battery operated EVA foam umbrella fan
Plastic tableware and cup holders
The items will be packaged together in one carton and sold as a set.

The children's patio set is a set which is classified under General Rules of Interpretation (GRI) 3(c) which states: When goods cannot be classified by reference to 3(a) or 3(b) they 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 patio table occurs last.

Kids Only!® Sunny Day Play™ Children’s Patio Chairs, including, but not limited to, all color and fabric variations noted in the catalog. The patio chairs have tubular metal folding frames.

The applicable subheading for the children’s patio sets will be 9403.70.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of plastics: other, other. The rate of duty will be free.

The applicable subheading for the children’s patio chairs will be 9401.79.0015, 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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