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NY H85959





December 14, 2001

CLA-2-94:RR:NC:SP:233 H85959

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.20.0010; 9401.79.0045

Mr. Ted Conlon
Four Star International
229 East Main Street, Suite 201
Milford, MA 01757

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

Dear Mr. Conlon:

In your letter dated December 5, 2001, you requested a tariff classification ruling.

The submitted photographs depict a 3 piece Student Desk, Item # 12530018, consisting of a folding table with a shelf and a folding chair, both with steel frames. The chair has casters and a swivel lumbar support back.

The applicable subheading for the folding student desk and chair, if packaged and sold together, will be 9403.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: other metal furniture, household. The rate of duty will be free and will remain unchanged in 2002.

The applicable subheading for the folding student desk, if imported separately, will be 9403.20.0010, HTS, which provides for other furniture and parts thereof: other metal furniture, household. The rate of duty will be free and will remain unchanged in 2002.

The applicable subheading for the folding chair, if imported separately, will be 9401.79.0045, 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 and will remain unchanged in 2002.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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