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NY R04743




August 30, 2006

CLA-2-94:RR:E:NC:SP:233 R04743

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.61.4010; 9401.61.6010

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

RE: The tariff classification of a Baseball Swivel Leisure Chair with Ottoman from China.

Dear Mr. Crago:

In your letter dated August 25, 2006, you requested a tariff classification ruling.

The merchandise under consideration is a Baseball Swivel Leisure Chair with Ottoman, Item Number C035MA00818. The swivel leisure chair and ottoman are both constructed of a wood frame with fire-retardant foam padding and polyvinyl chloride (PVC) upholstery. The swivel leisure chair features an iron swivel base and measures 33” in width by 31” in depth by 29” in height. The ottoman measures 19” in width by 14.5” in height. You have submitted a photograph of the swivel leisure chair and ottoman with your request.

The applicable subheading for the swivel leisure chair will be 9401.61.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Chairs: Other, Household.” The rate of duty will be Free.

The applicable subheading for the ottoman will be 9401.61.6010, HTSUS, which provides for “Seats, whether or not convertible into beds, and parts thereof: Other seats, with wooden frames: Upholstered: Other, 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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