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NY L82110




January 25, 2005

CLA-2-94:RR:NC:SP:233 L82110

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Ms. Marsha L. Dawson
Graco Children’s Products Inc.
150 Oaklands Boulevard
Exton, PA 19341

RE: The tariff classification of a portable baby bed from China.

Dear Ms. Dawson:

In your letter dated January 5, 2005, you requested a tariff classification ruling.

The merchandise to be imported is a portable baby bed. The item features storage compartments and a removable mattress pad with a washable sheet. The cover is made of 210D nylon with corrugated plastic board for support with polyurethane foam. The removable pad is also made of the same construction and would be used exclusively for this product. The sheet is 65% poly and 35% cotton. The baby bed features a shoulder strap and folds for portability. You have submitted photographs of the item with your request.

The portable baby bed consists of different components and is considered a composite good. Regarding the essential character of the item, 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 portable baby bed is imparted by its textile components.

The applicable subheading for the portable baby bed will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Furniture of other 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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