CLA-2-94:OT:RR:NC:N4:433
Richard Wadiri
Sweet Novelty LLC.
111 Third Street
Sharpsburg, PA 15215
RE: The tariff classification of a beanbag cover from China.
Dear Mr. Wadiri:
In your letter dated March 27, 2015, you requested a tariff classification ruling. As requested, the sample submitted will be returned to you.
Item number SN675 is identified as a beanbag cover. The beanbag cover is composed of 100% polyester textile material. The size diameter of the beanbag cover ranges from 36 inches to 48 inches. The beanbag cover will be imported as a shell and has a zipper closure. It is stated that, this item will be stuffed in the United States with either polystyrene beans or shredded sponge foam.
The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) state, in pertinent part, that Chapter 94 covers “Parts” whether or not in the rough, of the goods of headings 9401 to 9403 and 9405, when identifiable by their shape or other specific feature as parts designed solely or principally for an article of those headings. It is our opinion that the beanbag cover is a dedicated part of the seat, as it is indispensable and vital to the forming of the seat, for without which, the beans and shredded sponge foam could not be contained within. As such, the beanbag cover is classifiable in subheading 9401.90, HTSUS.
The applicable subheading for the beanbag cover will be 9401.90.5021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Parts: Other: Other; Other of textile material, cut to shape.” 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 E-Mail address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division