CLA-2-94:OT:RR:NC:N4:433
John A. Whitson
Customs Compliance Specialist
Costco Wholesale Corporation
999 Lake Drive
Issaquah, WA 98027
RE: The tariff classification of a 4 in 1 Convertible Crib from Thailand.
Dear Mr. Whitson:
In your letter dated April 29, 2011, you requested a tariff classification ruling.
Four photos were received of the 4 in 1 Convertible Crib, identified by Costco item number 570615. The four photos portray the item in each of its configurations. The item is designed to convert from an infant’s crib to a toddler’s bed, to a day-bed, and then finally to a traditional full size bed with a headboard and footboard. The 4 in 1 Convertible Crib includes a conversion kit and rails, which is necessary to convert the infant bed into one of the other configurations. In addition, the height of the mattress can be adjusted to suite the user’s needs.
You suggest that the item should be classified as a crib based upon the initial purchaser’s motivation to place their infant into such a bed. We find that this type of item is not simply a crib, as it changes and adapts with the life-stages of a human being. One can use this item from infant to toddler, from child to teenager, and even as an adult. Consequently, this item is [not] classified under subheading 9403.50.9041, Harmonized Tariff Schedule of the United States (HTSUS) – the provision for wooden furniture of a kind used in a bedroom, cribs. See New York Ruling N097900 dated March 22, 2010.
The applicable subheading for the 4 in 1 Convertible Crib, will be 9403.50.9045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Wooden furniture of a kind used in the bedroom: Other: Other: Beds: 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 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 Neil H. Levy at (646) 733-3036.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division