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NY M80154





February 9, 2006

CLA-2-73:RR:NC:N1:113 M80154

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9060

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

RE: The tariff classification of a shelf from China

Dear Mr. Mr. Hoffacker:

In your letter dated January 25, 2006, on behalf of At Home America, Inc., you requested a tariff classification ruling.

The sample you submitted is a black, wall-mounted shelf (item number 52104421). It measures approximately 24 inches wide by 4.5 inches high by 4.75 inches deep. The shelf will be used in the home to hold articles such as spice jars or knick-knacks.

The applicable subheading for the shelf will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the 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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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