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NY H85818




December 6, 2001

CLA-2-94:RR:NC:SP:233 H85818

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.60.8040; 9403.50.9040; 9403.60.8080; 7009.92.1000; 7009.92.5000; 9610.00.0000

Mr. Marc Duquesne
Interiors
68 Bd Jules Durand
LeHavre cedex
France

RE: The tariff classification of wooden furniture, mirrors and chalkboards from France.

Dear Mr. Duquesne:

In your letter dated November 29, 2001 you requested a tariff classification ruling.

The merchandise to be imported consists of the following:

Pinewood furniture: dining tables, beds, wardrobes, dressers and desks

Medium density fiber furniture painted in white or ivory: wardrobes, dressers, tables

Decorative wooden plaques, clocks, mirrors, chalk boards and clothes hangers with objects or persons in relief made of resin. Representative photographs of these items were submitted with your ruling request. The mirror consists of a rectangular-shaped glass mirror framed in wood.

The applicable subheading for the pinewood dining tables will be 9403.60.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: other wooden furniture: other, dining tables. The rate of duty will be free. The rate of duty in 2002 will remain the same.

The applicable subheading for the pinewood beds will be 9403.50.9040, HTS, which provides for other furniture and parts thereof: wooden furniture of a kind used in the bedroom: other: other, beds. The rate of duty will be free. The rate of duty in 2002 will remain the same.

The applicable subheading for the pinewood wardrobes, dressers and desks, and the medium density fiber wardrobes, dressers and tables will be 9403.60.8080, HTS, which provides for other furniture and parts thereof: other wooden furniture: other, other. The rate of duty will be free. The rate of duty in 2002 will remain the same.

When the reflecting surface of the glass measures not over 929 cm², the applicable subheading for the mirror will be 7009.92.1000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: framed: not over 929 cm² in reflecting area. The rate of duty will be 7.8 percent ad valorem. The rate of duty in 2002 will remain the same.

When the reflecting surface of the glass measures over 929 cm², the applicable subheading for the mirror will be 7009.92.5000, HTS, which provides for glass mirrors, whether or not framed, including rear-view mirrors: framed: over 929 cm² in reflecting area. The rate of duty will be 6.5 percent ad valorem. The rate of duty in 2002 will remain the same.

The applicable subheading for the chalkboards will be 9610.00.0000, HTS, which provides for slates and boards, with writing or drawing surfaces, whether or not framed. The rate of duty will be 3.5 percent ad valorem. The rate of duty in 2002 will remain the same.

Your request contains insufficient information for us to issue a ruling on the “plaque,” “clothes hanger” and clock.

For the plaque and clothes hanger, please submit:

A sample, or a color photograph showing the article clearly and in detail. (If submitting only a photo, give dimensions of the product.) Component material breakdown, by value and by weight. Specific identity of all materials comprising the “resin.”

Regarding the clock, please provide:
sample of the clock description of the movement whether battery operated is this a desk, wall or other clock

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

You have also inquired as to regulations (restrictions, mandatory warnings, markings, safety labeling) related to the subject products. At the present time, the items are not subject to any import restrictions.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

You may wish to visit the Customs website at www.customs.gov for additional information on importing into the United States.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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