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NY L85321




June 20, 2005

CLA-2-39:RR:NC:SP:221 L85321

CATEGORY: CLASSIFICATION

TARIFF NO. 3926.90.9880

Mr. Ameet Shah
Culp, Inc.
1823 Eastchester Dr.
High Point, NC 27265

RE: The tariff classification of a plastic mattress shell from China.

Dear Mr. Shah:

In your letter dated May 24, 2005, you requested a classification ruling.

The submitted sample is a mattress shell made of polyvinyl chloride (PVC) plastic sheeting backed with nonwoven polypropylene fabric reinforcement. No style number was indicated for this product. After importation the shell will be fitted with a polyurethane foam core and then sold as a juvenile mattress. The shell incorporates ventilation holes reinforced with metal grommets to allow for air flow as the mattress is compressed and released.

The sample is returned as you requested.

 The applicable subheading for the plastic mattress shell will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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