CLA-2-44:OT:RR:NC:N4:433
Timothy W. Rubiera
Licensed Customs Broker
Neilsen & Bainbridge LLC
12303 Technology Blvd., Suite 950
Austin, TX 78727
RE: The tariff classification of a “wall ledge” from China.
Dear Mr. Rubiera:
In your letter dated June 6, 2016, on behalf of Nielsen & Bainbridge LLC, you requested a tariff classification ruling. A photo was provided.
Part number 05FW513 is the “Gallery Solutions Ledges.” The item as described, is a decorative wall ledge made of Medium-density fibreboard (MDF- engineered wood), which is available in different lengths and multiple finishes. You indicate that the merchandise concerned is a 24 inch decorative ledge, and comes with a steel bracket and screws for mounting to the wall. Depiction of the photo further indicates that the wall ledge is a wall-mounted single shelf designed for the placement of objects upon.
A reading of the Legal Note 2, and 2 (a) and 2 (b) to Chapter 94 of the Harmonized Tariff Schedule of the United States (HTSUS), provides: at 2, that the articles (other than parts) referred to in the headings of 9401 to 9403 are to be classified in those headings only if they are designed for placing on the floor or ground; at 2 (a) and 2 (b), the following are, however, to be classified in the above headings even if they are designed to be hung, to be fixed to the wall or to stand one on the other --- 2 (a) Cupboards, bookcases, other shelved furniture (including single shelves presented with supports for fixing them to the wall) and unit furniture, and 2 (b) Seats and beds.
It is the opinion of this office that the merchandise concerned is a single shelf presented with supports for fixing to the wall, and falls within the meaning of “other shelved furniture” of heading 9403 of the Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the 24 inches, “Gallery Solutions Ledges,” will be 9403.60.8081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Other wood furniture: Other: Other.” The rate of duty will be free.
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 https://hts.usitc.gov/current.
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 Neil H. Levy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division