CLA-2-39:OT:RR:NC:N4:421

Mr. Eric Hutchens
Cortez Customhouse Brokerage Company
4950 West Dickman Road
Battle Creek, MI 49015

RE: The tariff classification of an air mattress from China

Dear Mr. Hutchens:

In your letter dated May 6, 2010, on behalf of Aero Products International, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The Aerobed Ecolite is an inflatable air mattress being marketed as a compact outdoor bed. The sample provided with your letter is twin size, measuring 74 inches by 39 inches by 7 inches when inflated. The mattress is packaged for retail sale with an air pump. The bottom of the mattress is composed of plastic sheeting. The top of the mattress and the gussets are composed of plastic sheeting that has been covered with textile flock on the exposed surface. Flocked plastic sheeting is considered to be of plastics for tariff classification purposes. All of the plastic surfaces are of compact, noncellular construction.

The sample is being returned as you requested.

The applicable subheading for the air mattress and the included pump will be 3926.90.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…pneumatic mattresses and other inflatable articles, not elsewhere specified or included. The rate of duty will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division