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NY M84060




June 22, 2006

CLA-2-63:RR:NC:N3:351 M84060

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Fiona Ding
Emerson Storage Solutions
ClosetMaid
P.O. Box 4400
Ocala, FL 34478-4400

RE: The tariff classification of organizers from China

Dear Ms. Ding:

In your undated letter that was received in this office on June 8, 2006, you requested a tariff classification ruling for five closet and shelf organizers. No samples were submitted, but pictures, schematic drawings, and advertising literature were supplied.

Item #3501-00 Shelf Organizer measures 6.125” x 15.25” x 10.125”. It is used for storage in a garage or on a shelf. It has seven compartments and an expandable mesh pocket. It is made of cardboard and fiberboard covered with woven polyester fabric.

Item #3503-00 Wall Hanging Basket measures 10.3175” x 15.625” x 10”. It is a reinforced bin or box. The form may also be cardboard and fiberboard, but it is not stated; the box is covered in woven polyester fabric. It has a mesh inner pocket and is shown storing smaller sporting goods, lawn supplies, and automotive products. It is designed to be mounted on a wall or a shelf.

Item #3521-00 Hand Tool Organizer measures 21” x 14” x 3”. It is shown holding hand tools in elastic loops and small supplies (tape, glue, and the like) in mesh pockets. It includes hardware for wall installation. It is made of woven polyester fabric.

Item #1466-00, 6 Shelf Black Non-Woven Hanging Organizer, measures 12” x 12” x 48”. It is an organizer meant to be hung in a closet, providing extra shelf space for sweaters and the like. No fabric description was given, but the name implies that it is constructed of non-woven textile fabric and we shall assume that to be the case.

Item #8081-00, 10 Pair Closet Canvas Shoe Organizer, measures 50” x 6”W x 12”. It is a hanging shoe organizer with space for ten pairs of shoes. It appears to be made of woven textile fabric and we shall assume that to be the case.

The applicable subheading for all of the above organizers made of textile fabric will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

You suggested that the correct classification for these items is in heading 9403, HTSUS, which provides for "Other furniture and parts thereof.” However, they are not floor-standing and thus do not fit within the tariff definition of furniture.

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 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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