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NY L87753





September 27, 2005

CLA-2-94:RR:NC:SP:233 L87753

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0050

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a Bistro Chair from China.

Dear Mr. Hoffacker:

In your letter dated September 20, 2005, on behalf of Big Lots Stores, you requested a tariff classification ruling.

The merchandise to be imported is identified as Steel Frame Resin Wicker Bistro Chair, Item #CW3601A. The chair consists of a steel frame that runs through the arms, legs, and inner supports of the chair. The back, seat, and entire outer covering of the chair are composed of strips of plastic that have been interwoven to look like wicker. You have submitted a picture of the chair with your request.

The applicable subheading for the Steel Frame Resin Wicker Bistro Chair will be 9401.79.0050, 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: Other.” 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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