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NY L83358




March 17, 2005

CLA-2-94:RR:NC:SP:233 L83358

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0045; 9401.90.5020; 9401.90.5080

Mr. Joel K. Simon
Serko & Simon LLP
1700 Broadway
31st Floor
New York, NY 10019

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

Dear Mr. Simon:

In your letter dated March 16, 2005, on behalf of Fashion Accessory Bazaar LLC, you requested a tariff classification ruling.

The subject item is a butterfly chair, Style # FM9834708LL, composed of a collapsible/foldable metal frame with a pink colored woven textile fabric covering/seat with a crown design and the work “Princess” embroidered thereon. The metal foldable frame is designed to allow for fabric sewn-in sleeves at the corners of the covering/seat, of which there are four, one at each end of the “butterfly wings”, to fit over the four upright corners of the frame to secure them in place and to provide for its easy removal for transport or storage. The butterfly chair will also be imported in child and adult sizes. The butterfly chair(s) will be imported in a retail cardboard box in the folded position with the textile covering/seat already in place on the folded frame or unassembled, that is with the component metal frame and textile covering/seat separate but also packaged in the same retail cardboard box. You have submitted a sample of the chair with your request.

In your letter you request the classification of the subject butterfly chair packaged in either of the two configurations mentioned above and also if the foldable metal frame and woven textile fabric covering/seat were to be imported separately.

Your sample is being returned as requested.

The applicable subheading for the butterfly chair, Style # FM9834708LL, imported in a retail cardboard box in the folded position with the textile covering/seat already secured in place or unassembled, that is with the component metal frame and textile covering/seat separate but packaged in the same retail box, will be 9401.79.0045, 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, Other: Household. The rate of duty will be Free.

The applicable subheading for the textile seat cover, if imported separately, will be 9401.90.5020, HTS, which provides for “Seats (other those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Other: Other, Of textile material, cut to shape.” The rate of duty will be Free.

The applicable subheading for the metal frame, if imported separately, will be 9401.90.5080, HTS, which provides for “Seats (other than those of heading 9402),whether or not convertible into beds, and parts thereof: Parts: Other: Other, Other.” The rate of duty will be Free

The merchandise in question may be 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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