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NY L86805





August 9, 2005

CLA-2-94:RR:NC:SP:233 L86805

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0045

Mr. Danny Chen
Tofasco of America Inc.
1661 Fairplex Drive
La Verne, Ca 91750

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

Dear Mr. Chen:

In your letter dated July 29, 2005, you requested a tariff classification ruling.

The merchandise to be imported is identified as Papason Oversized Moon Chair. The item is a foldable chair composed of a metal frame and a cotton seat. You have submitted a product data sheet for the chair with your request.

The applicable subheading for the foldable chair will be 9401.79.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with metal frames: Other, Other: Household.” The rate of duty will be Free.

You have asked whether this product is 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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