CLA-2 CO:R:C:M 954180 LTO

Ms. Bettie Jo Shearer
Wholesale Supply Company, Inc.
P.O. Box 24600
Nashville, Tennessee 37202

RE: Portable Play Yard; PC 879458 affirmed; HQ 952032; subheading 9403.20.00

Dear Ms. Shearer:

This is in response to your letter of May 11, 1993, requesting the classification of the Pack N Play Portable Play Yard under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The article in question is the Portable Play Yard. The Play Yard is designed to stand on the floor and function as a crib and an enclosed play area for a baby. It is constructed of a steel tubing frame with nylon and fabric covering on all four sides. The corners of the Play Yard are made of plastics.

In PC 879458, dated November 6, 1992, the Play Yard was held to be classifiable under subheading 9403.80.60, HTSUS, which provides for furniture of materials other than metal, wood or plastics. You contend that the article in question should be classified under subheading 9403.20.00, HTSUS, which provides for other metal furniture, because the metal frame imparts the Play Yard's essential character. The corresponding rate of duty for articles of both subheading 9403.20.00 and 9403.80.60, HTSUS, is 4% ad valorem. ISSUE:

Whether the essential character of the Pack N Play Portable - 2 -

Play Yard is imparted by its metal frame.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUS govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

The subheadings at issue are as follows:

9403 Other furniture and parts thereof

9403.20.00 Other metal furniture

* * * * * * * * * * * * *

9403.80.60 Furniture of other materials, including cane, osier, bamboo or similar materials . . . [o]ther

The Play Yard consists of metal, fabric/nylon and plastic (the Play Yard cannot be considered "plastic furniture" because the plastic components of the Play Yard are minor). Thus, it is prima facie classifiable under both subheading 9403.20.00 and 9403.80.60, HTSUS.

GRI 3(b) states that when goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, . . . shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable [underlining added].

This rule is made applicable at the subheading level by GRI 6. Therefore, it is necessary to determine which component of the Play Yard imparts its essential character.

In HQ 952032, dated July 6, 1992, we considered the classification of various wrought iron and wicker seats and furniture. The issue before us was whether the essential character of the articles in question was imparted by the iron or wicker components. - 3 -

We found that the essential character of several of the articles was imparted by the iron components. With regard to these articles, we stated as follows:

The wrought iron gives the furniture its support and it makes up the majority of its weight. It is also the most prominent feature of the pieces which have the appearance of wrought iron with wicker 'additions.' The wicker components, although providing some utilitarian purpose, are mainly present for decorative purposes.

With regard to the remaining articles, we found that their essential character was imparted by the wicker components. With regard to these articles, we stated as follows:

These two pieces of furniture are covered with wicker, except for the bottom feet. In appearance, they look to be wicker furniture, unlike the [above] furniture, which appear to be wrought iron furniture.

Turning to the present case, the most prominent feature of the Play Yard is the nylon and fabric that covers all four sides. While the steel frame provides its support, the Play Yard has the appearance of nylon and fabric, not steel. With regard to the weight, the fabric and nylon slightly exceed the metal. Accordingly, it is our opinion that the component which provides the Play Yard with its essential character is the nylon/fabric cover.

HOLDING:

The Pack N Play Portable Play Yard is classifiable under subheading 9403.80.60, HTSUS, which provides for "[f]urniture of other materials, including cane, osier, bamboo or similar materials . . . [o]ther. The corresponding rate of duty for articles of this subheading is 4% ad valorem.

PC 879458, dated November 6, 1992, is affirmed.

Sincerely,

John Durant, Director