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NY N008463





April 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.90.4000

Ms. Brandi Nemitz
Ashley Furniture Industries Inc.
One Ashley Way
Arcadia, WI 54612

RE: The tariff classification of center seat plywood kits from China.

Dear Ms. Nemitz:

In your letter dated March 15, 2007, you requested a tariff classification ruling.

Photographs were provided with your letter. The center seat plywood kits consist of five components: the LAF Side Rail, the RAF Side Rail, the Left/Right back posts, the Ottoman Board and the Porch Rail. Each component is constructed of either a poplar/pine plywood mixture or a birch/pine plywood mixture. All components have been cut to a specific size and shape. The LAF Side Rail and the RAF Side rail contain pre-drilled holes in which a t-nut has been placed. All center plywood kits are specific to motion upholstery items and are not intended to be used on anything other than those items. The components for these kits are packaged on individual skids and shipped in a ratio to complete 3,060 kits per 40-foot standard container. After importation the kits will be assembled with additional components such as metal springs and brackets and the upholstery fabric and stuffing. The center seat frame is then combined with the additional sections to complete the upholstery unit.

The applicable subheading for the center seat plywood kits will be 9401.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Other: Of wood." 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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