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NY R04338




July 7, 2006

CLA-2-94:RR:NC:SP:233 R04338

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.80.6040

Mr. Michael Shea
Hellmann Worldwide Logistics
635 Airport South Parkway
Suite 200
Atlanta, GA 30349

RE: The tariff classification of a leather covered wood frame bed from China.

Dear Mr. Shea:

In your letter dated July 3, 2006, on behalf of Fine Furniture, you requested a tariff classification ruling.

The merchandise under consideration is a wood frame bed. The headboard and footboard are covered with leather. The rails are also covered with leather, with wood accents. You have submitted a photograph of the bed with your request.

The wood and the leather used to construct the bed 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 leather imparts the essential character to the good.

     The applicable subheading for the leather covered wood frame bed will be 9403.80.6040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other furniture and parts thereof: Furniture of other materialsOther, Household." The rate of duty will be Free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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