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NY R00565





July 19, 2004
CLA-2-94:RR:NC:SP:233 R00565

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0050

Mr. Jeff Chapman
Lifetime Products, Inc.
P.O. Box 160010
Clearfield, UT 84016-0010

RE: The tariff classification of a stacking chair from China.

Dear Mr. Chapman:

In your letter dated July 14, 2004, you requested a tariff classification ruling.

The merchandise to be imported is a non-folding stacking chair made from a powder coated steel frame, blow molded Polyethylene plastic seat, and blow molded Polyethylene plastic backrest. The model numbers for the stack chair are 2830 and 2832 with other models pending. The stack chair will be used primarily indoors in office and business settings. You have submitted a detailed advertisement for model 2830 for our review.

The applicable subheading for the stacking chair will be 9401.79.0050, 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, Other: Other.” The rate of duty will be free.

You have also asked about antidumping duties. It appears that the stacking chair is not subject to antidumping duties since it is non-folding. A list of antidumping 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, D.C. 20230. Written decisions regarding the scope of antidumping orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification 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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