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NY K80301





October 28, 2003

CLA-2-73:RR:NC:N1:113 K80301

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

Mr. Frank Prackler
Harold I. Pepper, Inc.
486A Sunrise Highway, Suite 203
Rockville Centre, NY 11570

RE: The tariff classification of a stackable shelf from China

Dear Mr. Prackler:

In your letter dated October 21, 2003, on behalf of EZ Do, Inc., you requested a tariff classification ruling.

The sample you submitted is a steel mesh shelf (item number 85300). It measures approximately 12.5 inches long by 7 inches wide by 7 inches high. A second shelf may be purchased that can be stacked upon the first by locking leg fasteners. The shelves will be used in the home to store articles.

The applicable subheading for the steel shelf will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steelother, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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