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NY H83474




July 16, 2001

CLA-2-94:RR:NC:SP:233 H83474

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0045

Mr. Byron Brown
Lifetime Products, Inc.
P.O. Box 160010
Freeport Center, Bldg. D-11
Clearfield, UT 84016-0010

RE: The tariff classification of a folding chair from China.

Dear Mr. Brown:

In your letter dated July 10, 2001, you requested a ruling on tariff classification.

The item to be imported is a folding chair that is made from a powder coated steel frame, a blow molded polyethylene plastic seat, and a blow molded polyethylene plastic back. The model numbers of the chair are 8000, 2804, 2803, 2805, 2808, 2806 and 3710. The basic difference is the colors of the chairs. The chair consists of approximately 7 pounds of steel, 5 pounds of plastic and 0.2 pounds of powder coating. The chair can be used indoors or outdoors and is for residential use. You have submitted descriptive literature depicting the product.

The applicable subheading for the folding chair will be 9401.79.0045, 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, 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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