L81345 L8 Ruling Active

The tariff classification of an Imperial Vanity mirrored bath vanity and stool set from China.

Issued December 14, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9403.60.8080

Headings: 9403

GRI rules applied: GRI 3(b)

Product description

The merchandise to be imported is identified as Imperial Vanity. It consists of a bath vanity dresser, a ½ back fabric bath stool and a bath vanity mirror. The items are all packed in one carton for retail sale. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The mirrored bath vanity and stool set comprise a set for tariff classification purposes, with the essential character imparted by the vanity.

CBP rationale

The applicable subheading for the Imperial Vanity mirrored bath vanity and stool set will be 9403.60.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other furniture and parts thereof: Other wooden furniture: Other, Other.

Full text

NY L81345 December 14, 2004 CLA-2-94:RR:NC:SP:233 L81345 CATEGORY: Classification TARIFF NO.: 9403.60.8080 Mr. Anthony Bonatesta Meadow Wye & Co., Inc. 2506 Forest Avenue Staten Island, NY 10303 RE: The tariff classification of an Imperial Vanity mirrored bath vanity and stool set from China. Dear Mr. Bonatesta: In your letter dated November 24, 2004, on behalf of M. Fortunoff, you requested a tariff classification ruling. The merchandise to be imported is identified as Imperial Vanity. It consists of a bath vanity dresser, a ½ back fabric bath stool and a bath vanity mirror. The items are all packed in one carton for retail sale. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. The mirrored bath vanity and stool set comprise a set for tariff classification purposes, with the essential character imparted by the vanity. The applicable subheading for the Imperial Vanity mirrored bath vanity and stool set will be 9403.60.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other furniture and parts thereof: Other wooden furniture: Other, Other." The rate of duty will be free. 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, National Commodity Specialist Division

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