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NY H84892




August 14, 2001

CLA-2-94:RR:NC:SP:233 H84892

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0035

Mr. Bryon Brown
Lifetime Products, Inc.
P.O. Box 160010
Clearfield, UT 84016-0010

RE: The tariff classification of a patio glider bench from China.

Dear Mr. Brown:

In your letter dated August 8, 2001, you requested a ruling on tariff classification.

The furniture item to be imported is a patio glider bench that is made from a powder coated steel frame with a blow molded Polyethylene plastic bench and a blow molded Polyethylene plastic backrest. The glider shifts from front to back to simulate a rocking motion. The model number for the glider bench is 2870 with others pending. The bench is made with approximately 15 pounds of steel, 18 pounds of plastic and 0.4 pounds of powder coating. The glider will be used outdoors and is for residential use.

The applicable subheading for the patio glider bench will be 9401.79.0035, 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: other: 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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