CLA-2-94:RR:NC:SP:233 L85712

3506.10.5000; 4901.10.0040; 3926.90.7500

Ms. Maurine Cecil
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of “Air-O-Space 5 in 1 Sofa Bed” from China.

Dear Ms. Cecil:

In your letter dated June 7, 2005, you requested a tariff classification ruling.

The submitted sample is identified as “Air-O-Space 5 in 1 Sofa Bed”. The item is an air mattress which will be available in three different sizes: twin, queen and super size. It includes a dual action turbo power pump with 3 power pump nozzles, 1 travel carry bag, 1 repair kit consisting of oval patches made of plastic sheeting and 1 tube of glue, and 2 printed instruction sheets. The item can be converted into a Deluxe Bed, Kids’ Booster Bed, Stylish Sofa, Luxurious Lounger, and Relaxed Recliner. Two separately packaged inflatable pillows made of plastic sheeting will be imported with the “Air-O-Space 5 in 1 Sofa Bed” shipments. You have requested the tariff classifications for the “Air-O-Space 5 in 1 Sofa Bed” as well as the individual accessories which may be imported separately.

Your sample is being returned as requested.

The applicable subheading for the “Air-O-Space 5 in 1 Sofa Bed” will be 9401.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Seats other than garden seats or camping equipment, convertible into beds.” The rate of duty will be Free.

The applicable subheading for the dual action turbo power pump with 3 power pump nozzles, if imported separately, will be 8414.59.6060, HTS, which provides for “Other centrifugal fans (including blowers).” The rate of duty will be 2.3% ad valorem.

The applicable subheading for the travel carry bag, if imported separately, will be 4202.92.3031, HTS, which provides for “Travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other.” The duty rate will be 17.6% ad valorem.

The applicable subheading for the oval patches made of plastic sheeting component of the repair kit, if imported separately, will be 3926.90.9880, HTS, which provides for “Other articles of plastics, other.” The rate of duty will be 5.3% ad valorem.

The applicable subheading for the tube of glue component of the repair kit, if imported separately, will be 3506.10.5000, HTS, which provides for “Other products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg.” The rate of duty will be 2.1% ad valorem.

The applicable subheading for the printed instruction sheets, if imported separately, will be 4901.10.0040, HTS, which provides for “Other printed brochures, leaflets and similar printed matter in single sheets.” The rate of duty will be Free.

The applicable subheading for the inflatable pillows made of plastic sheeting, if imported separately, will be 3926.90.7500, HTS, which provides for “Other articles of plastics: other: pneumatic mattresses and other inflatable articles, not elsewhere specified or included.” The rate of duty will be 4.2% ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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