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NY L84565





May 10, 2005

CLA-2-94:RR:NC:SP:233 L84565

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.50.9080; 9403.60.8080

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of oak furniture from China.

Dear Mr. Reynolds:

In your letter dated April 20, 2005, on behalf of Furniture Origins (FE) Limited, you requested a tariff classification ruling.

The merchandise to be imported consists of the following furniture items made of oak with metal pulls:

TV Armoire Model No. PCS48

Cedar Chest Model No. PCS16

Computer Desk Model No. PCS24

Linen Storage Model No. PCS15

Designer Accent Chest Model No. PCS6

You have submitted pictures of each item with your request.

The applicable subheading for the Cedar Chest Model No. PCS16 will be 9403.50.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other: Other, Other.” The rate of duty will be Free.

The applicable subheading for the Computer Desk Model No. PCS24 will be 9403.60.8080, HTS, which provides for “Other furniture and parts thereof: Other wooden furniture: Other, Other.” The rate of duty will be Free.

The merchandise classified under 9403.50.9080, HTS, 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.

We are unable to issue a classification ruling the Linen Storage Model No. PCS15, Designer Accent Chest Model No. PCS6, and TV Armoire Model No. PCS48 because we need additional information. Please submit advertising literature for the Linen Storage and the Designer Accent Chest. For the TV Armoire, noting your description, please indicate whether or not there is a storage area for clothes. In addition, please submit a picture of the interior of the armoire.

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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