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NY L81584




January 3, 2005

CLA-2-94:RR:NC:SP:233 L81584

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.60.8080; 9401.69.8010

Ms. Patti Cordo
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of a side board and a bench from China.

Dear Ms. Cardo:

In your letter dated December 22, 2004, on behalf of The Queens Treasures, you requested a tariff classification ruling.

The merchandise to be imported is as follows:

Item C534 Side Board
Dimensions: 42.25” x 18” x 36.5”

Item Y127 Bench
Dimensions: 38.75” x 23.25” x 33.5”

Both items are made of solid camphor wood. You have submitted photographs of the items with your request.

The applicable subheading for the side board will be 9403.60.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Other wooden furniture: Other, Other.” The rate of duty will be free.

The applicable subheading for the bench will be 9401.69.8010, HTS, which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Other: Other: Other, Household.” The rate of duty will be free.

You have asked whether the items are 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 and Border Protection.

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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