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NY L89016




December 15, 2005

CLA-2-39:RR:NC:SP:221 L89016

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.7500

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the “Floating Air Chair” from China.

Dear Ms. Aldinger:

In your letter dated November 15, 2005, you requested a tariff classification ruling.

A sample was provided with your letter. The Floating Air Chair (Item #943095) is an inflatable chair for use in a swimming pool. It consists of a horseshoe-shaped inflatable bladder made of unsupported polyvinyl chloride (PVC) plastic sheeting and a textile mesh net that together form a floating chair. The inflatable plastic bladder forms the back and armrest for the chair, and provides the product with the ability to float. The mesh portion fits onto the inflatable bladder to form a sling type seat that rests below the surface of the water. You indicate that the PVC bladder accounts for 95 percent of the cost of the product. As you requested, the sample will be returned.

The applicable subheading for the Floating Air Chair will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other articles of plastics, pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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