CLA-2 CO:R:C:M 956018 DWS
Mr. John M. Peterson
Neville, Peterson & Williams
2300 N Street, N.W.
Washington, DC 20037
RE: Modification of NY 885035; Fold-N-Go Travel Crib and Play
Yard; GRIs 2(a) and 3(b); Explanatory Notes 2(a)(V) and
(VII), and 3(b)(VIII), (IX) and (X); Composite Good; Set;
Dear Mr. Peterson:
This is in response to your letter of March 22, 1994, on
behalf of Century Products Inc., requesting reconsideration of
NY 885035, dated May 4, 1993, which dealt with the classification
of the "Fold-N-Go Travel Crib and Play Yard" under the Harmonized
Tariff Schedule of the United States (HTSUS). Pursuant to section
625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623
of Title VI (Customs Modernization) of the North American Free
Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat.
2057, 2186 (1993) (hereinafter section 625), notice of the proposed
modification of NY 885035 was published on June 1, 1994, in the
CUSTOMS BULLETIN, Volume 28, Number 22.
The merchandise consists of the "Fold-N-Go Travel Crib and
Play Yard", imported in a complete and unassembled condition. It
is comprised of four plastic legs, four sides covered with nylon
fabric, and a bottom vinyl pad. The merchandise is sturdy, has a
lightweight design that sets up easily, and needs no tools for
assembly. A protective pad, which is fitted with a cotton sheet,
unwraps to become a soft cushion nap pad. The padded rails are
soft for the protection of a baby. Mesh panels allow parents to
check on the baby while it is playing.
Whether the play yard, imported in a complete and unassembled
condition, is classifiable as if imported in an assembled
Whether the play yard is a composite good or goods put up in
a set for retail sale.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance
with the General Rules of Interpretation (GRI's), taken in order.
GRI 1 provides that classification is determined according to the
terms of the headings and any relative section or chapter notes.
In NY 885035, the subject play yard was held to be
classifiable as other household furniture of other materials under
subheading 9403.80.60, HTSUS, as goods put up in a set for retail
sale. Because it was held that the play yard was a set, its
textile components were subject to textile quota requirements. If
the play yard had been held to be a composite good, the textile
quota requirements would not have applied to the textile
There is no dispute that the play yard is classifiable under
subheading 9403.80.60, HTSUS. However, the manner in which this
result is reached must be resolved.
First, because the play yard is imported in a complete and
unassembled condition, we must determine whether it is to be
classifiable as if imported in an assembled condition. GRI 2(a)
[a]ny reference in a heading to an article shall be taken to
include a reference to that article incomplete or
unfinished, provided that, as entered, the incomplete or
unfinished article has the essential character of the
complete or finished article. It shall also include a
reference to that article complete or finished (or falling
to be classified as complete or finished by virtue of this
rule), entered unassembled or disassembled.
In understanding the language of the HTSUS, the Harmonized
Commodity Description and Coding System Explanatory Notes may be
utilized. The Explanatory Notes, although not dispositive, are to
be used to determine the proper interpretation of the HTSUS. See
T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
Explanatory Note 2(a)(V) (p. 2) states that:
[t]he second part of Rule 2(a) provides that complete or
finished articles presented unassembled or disassembled are
to be classified in the same heading as the assembled
article. When goods are so presented, it is usually for
reasons such as requirements or convenience of packing,
handling or transport.
In part, Explanatory Note 2(a)(VII) (p. 2) states that:
[f]or the purposes of this Rule, "articles presented
unassembled or disassembled" means articles the components
of which are to be assembled either by means of simple
fixing devices (screws, nuts, bolts, etc.) or by riveting or
welding, for example, provided only simple assembly
operations are involved.
We are satisfied that the play yard, imported in a complete
and unassembled condition, imparts the essential character of an
assembled play yard. Also, we find that the play yard is presented
unassembled for reasons such as convenience of packing, handling,
or transport, and that the play yard will be assembled by means of
simple fixing devices.
We must now determine whether the play yard is a composite
good or goods put up in a set for retail sale. GRI 3(b) states
[m]ixtures, composite goods consisting of different
materials or made up of different components, and goods
put up in sets for retail sale, which cannot be classified
by reference to 3(a), shall be classified as if they
consisted of the material or component which gives them
their essential character, insofar as this criterion is
In part, Explanatory Note 3(b)(IX) (p. 4) states that:
[f]or the purposes of this Rule, composite goods made up
of different components shall be taken to mean not only
those in which the components are attached to each other
to form a practically inseparable whole but also those
with separable components, provided these components are
adapted one to the other and are mutually complementary
and that together they form a whole which would not normally
be offered for sale in separate parts. . .
For classification purposes, it is our position that, based
upon the above definition, the play yard constitutes a composite
good. The play yard consists of separable components which are adapted one to the other and together form a whole which would not
normally be offered for sale in separate parts. See HQ 954180,
dated July 21, 1993.
Explanatory Note 3(b)(X) (p. 4) states that:
[f]or the purpose of this Rule, the term "goods put up in
sets for retail sale" shall be taken to mean goods which:
(a) consist of at least two different articles which are,
prima facie, classifiable in different headings . . .;
(b) consist of products or 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 (e.g., in boxes or cases or on
The play yard is not goods put up in a set for retail sale
because it does not consist of separately identifiable articles
classifiable in different headings under the HTSUS. The components
of the play yard are not articles which could be sold separately
and are put up to meet a specific activity. See the exemplars to
Explanatory Note 3(b)(X). The play yard components are parts
adapted one to another to form a play yard. The parts have little
utility unless they are used together as a single article of
Explanatory Note 3(b)(VIII) (p. 4) states that:
[t]he factor which determines essential character will vary
as between different kinds of goods. It may, for example,
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 goods.
It is our position that the essential character of the play
yard is imparted by its vinyl components. The play yard has the
appearance of being vinyl, with additions of other material.
Therefore, we find that the play yard is a composite good
classifiable under subheading 9403.80.60, HTSUS.
The "Fold-N-Go Travel Crib and Play Yard" is a composite good
classifiable under subheading 9403.80.60, HTSUS, as other household
furniture of other materials. Textile quota requirements do not
apply to the textile components of the play yard. Also, the play yard, imported in a complete and unassembled
condition, imparts the essential character of an assembled play
NY 885035 is modified to reflect the reasoning in this ruling.
In accordance with section 625, this ruling will become
effective 60 days after its publication in the CUSTOMS BULLETIN.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance with
section 177.10(c)(1), Customs Regulations [19 CFR 177.10(c)(1)].
John Durant, Director