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NY N023244




February 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9401.79.0015

Ms. Lorianne Aldinger
Rite Aid Corp.
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a folding chair with carrying case from China.

Dear Ms. Aldinger:

In your letter dated February 6, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

Item number 9002309 is referred to as the “Folding Moon Chair”. The item consists of a folding chair with fabric carrying case for the chair when folded. The chair is produced in two textile colors, black or beige and has a silver powder coated tube frame. It is designed to be placed on the floor or ground and marketed for outdoor use. The constituent components are 30% iron, 30% nylon, 20% plywood, 10% textline plastic, 5% PVC and 5% polypropylene. The dimensions are 32 5/8 inches wide by 31.5 inches rear height and 14.5 inches front height. The carrying case is specially shaped and fitted to contain this folding chair, is durable enough for long-term use and will be imported and sold with the chair.

The applicable subheading for the folding chair and carrying case will be 9401.79.0015, 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: Other seats, with metal frames: Other: Outdoor: With textile cushions or textile seating or backing material: 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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