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NY I80699




April 16, 2002

CLA-2-94:RR:NC:SP:233 I80699

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Ms. Barbara Bender
Schenker, Inc.
2375 Hadley Road
Plainfield, IN 46168

RE: The tariff classification of the “Euro Cradle” from China.

Dear Ms. Bender:

In your letter dated March 27, 2002, on behalf of Dorel Juvenile Group, you requested a tariff classification ruling.

The submitted sample, referred to as the “Euro Cradle,” is a cradle with a metal frame, fabric canopy and skirting to be used as a bed for newborns. The cradle has plastic casters and a wicker basket with a handle which is sized to fit inside the cradle. Inside of the basket is a textile-covered pad which provides a cushioned area to place the infant. The cradle is designed to be placed on the floor or ground.

The Euro Cradle consists of different components and is considered a composite good. Regarding the essential character of the Euro Cradle, the Explanatory Notes to GRI 3(b) (VIII) state that the factor which determines essential character will vary as between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. The essential character of the Euro Cradle is imparted by its textile components.

Your sample is being returned as requested.

The applicable subheading for the Euro Cradle will be 9603.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials, 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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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