The tariff classification of a folding chair with bag from Hong Kong

NY L83216 March 8, 2005 CLA-2-94:RR:NC:SP:233 L83216 CATEGORY: Classification TARIFF NO.: 9401.79.0015 Mr. Ralph Saunders Deringer Logistics Consulting Group 1 Lincoln Blvd., Suite 225 Rouses Point, NY 12979 RE: The tariff classification of a folding chair with bag from Hong Kong Dear Mr. Saunders: In your letter dated February 24, 2005, on behalf of Car Freshner Corp., you requested a tariff classification ruling. The submitted sample is a folding chair with bag. The chair, which is constructed of a steel frame with seating and back of textile material, will be imported with a textile carry bag which is designed to hold the chair when transporting it form place to place. The chair features armrests with built-in cup holders. The seat measures approximately 20” wide by 20” deep. The height of the seat is approximately 17”. The bag features a drawstring closure. Regarding the classification of the bag, certain containers may be classified with the article they are designed to hold, if the requirements of GRI 5 (a) are met. In pertinent part, GRI 5 (a) states that: Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. In this case, the bag is specially shaped to contain the chair. It is entered with the chair and is suitable for long term use. Consequently, the bag meets the requirements of GRI 5(a) and is classifiable with the chair. Your sample is being returned as requested. The applicable subheading for the folding chair with bag will be 9401.79.0015, Harmonized Tariff Schedule of the United States (HTS), 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 covered cushions or textile seating or backing material: Other.” The rate of duty will be Free. You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. 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