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NY L87851





September 29, 2005

CLA-2-94:RR:NC:SP:233 L87851

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.71.0010

Ms. Yvonne M. Whitley
The Millwork Trading Co., Ltd.
1372 Broadway, 2nd Floor
New York, NY 10018

RE: The tariff classification of a folding upholstered chair from China.

Dear Ms. Whitley:

In your letter dated September 23, 2005, you requested a tariff classification ruling.

The submitted sample is identified as Style #CJ790812-4. The item is a metal steel tube folding chair, upholstered with suede fabric, with polyester fiber foam filling. The chair is intended for indoor use.

Your sample is being returned as requested.

The applicable subheading for the folding upholstered chair will be 9401.71.0010, 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 seats, with metal frames: Upholstered, 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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