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NY N024158





March 6, 2008

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Kelly Stankey
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, WI 54612

RE: The tariff classification of a folder holder from Taiwan

Dear Ms. Stankey:

In your letter dated February 26, 2008, you requested a tariff classification ruling. This was a follow-up to a request that you made in a letter that was dated January 7, 2008. We had to return that request because we needed a sample; you have now supplied that sample.

The submitted sample is identified as a “Two Pocket Cargo Net” (Item# 01922). It is used as a folder holder that hangs from the side of your B151 Loft Desk. The item measures approximately 20” x 11” and is constructed of a woven polyester textile fabric that features six metal grommets around its outer edges. Each of the two vertically arranged pockets that are sewn onto the front of the item measures approximately 9½”W x 9½”H. The pockets are open-work knit mesh fabric.

The applicable subheading for the folder holder will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

In your January 7, 2008, letter you indicated that you believed that the “Two Pocket Cargo Net” should be classified subheading 5608.19.2090, HTSUS, which provides for inter alia, made up nets of textile materials. However, the pockets are made of knit fabric, not netting, so the item cannot be classified in heading 5608, HTSUS.

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/.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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