CLA-2-39:OT:RR:NC:N4:421
Ms. Olivia Campos
Film Logic Customs Brokers
13126 S. Broadway
Los Angeles, CA 90061
RE: The tariff classification of a foam mattress tray from China
Dear Ms. Campos:
In your letter dated October 29, 2010, on behalf of Boyd Flotation Inc., you requested a tariff classification ruling.
Descriptive literature was included with your request. The merchandise is described as a foam tray that forms the inner base for water and air mattresses. The tray consists of four rails made of foamed polyurethane plastic. The rails are intended to be placed on a bed foundation to form a border into which a liner and air or water bladders will be placed. The rails have rectangular cross sections. The lengths vary depending on the size of the mattress foundation on which they will be placed. There is a hole cut into the center of two of the rails to accommodate insertion of air hoses. Classification of rectangular blocks of plastic foam, such as these rails, depends on whether they have been further worked. The addition of the holes to accommodate the air hoses is considered to be a further working of the foam blocks.
The applicable subheading for the foam mattress tray which has been further worked by means of the holes cut for the air hoses will be 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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