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NY N021232




January 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9403.60.8080

Ms. Melissa Bautch
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, WI 54612

RE: The tariff classification of tables from China.

Dear Ms. Bautch:

In your letter dated December 27, 2007, you requested a tariff classification ruling.

You have submitted photographs, weight and value breakdowns for three tables. The first, model T455-1, is the Quimby Nesting Cocktail Table. It has two “L” shaped tables that interlock to form one table or can be pulled apart to form two small tables. It is constructed with a metal frame, a wood shelf base and a wood top panel covered in leather.

The second, model T477-8, is the Marion Round Cocktail Table with Four Backless Stools. It is a round, wood framed table with a clear glass top insert. It comes with four rounded, triangular shaped wood framed backless stools that are upholstered in polyvinyl chloride. The table and stools are packaged together for retail sale.

The third, model T839-1, is the Emit Rectangular Cocktail Table with Cushion. It is a rectangular, wood framed table with a polyvinyl chloride upholstered cushion in the center. Both ends of the table have open shelf storage space and pull out trays.

Based on the submitted photographs, weight and value breakdowns, the essential character for all three tables is the wood. Since the four stools are packaged together with the table for retail sale, they are considered a set with the wood table as the essential character.

The applicable subheading for the three tables will be 9403.60.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other wooden furniture, Other, Other”. 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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