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NY R02483




August 29, 2005

CLA-2-94:RR:NC:SP:233 R02483

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.70.8030

Mr. Troy Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a Locker Shelf from China.

Dear Mr. Crago:

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

The merchandise to be imported is identified as Locker Shelf, Item #C068UA00133. The item is a plastic shelf with a metal stand measuring 9.75” x 11.5” x 1” (shelf size). The locker shelves are stackable and are designed to provide shelf space inside of a locker.

The plastic and the metal used to construct the Locker Shelf form a composite good. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the plastic imparts the essential character.      

The applicable subheading for the Locker Shelf will be 9403.70.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other furniture and parts thereof: Furniture of plastics: 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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