The tariff classification of a cookbook holder from China

NY M85354 August 10, 2006 CLA-2-44:RR:NC:2:230 M85354 CATEGORY: Classification TARIFF NO.: 4420.90.8000 Ms. Francine Ramsey Hampton Direct, Inc. 350 Pioneer Drive P.O. Box 1199 Williston, VT 05495 RE: The tariff classification of a cookbook holder from China Dear Ms. Ramsey: In your letter dated July 19, 2006 you requested a tariff classification ruling. The ruling was requested on an “Over the Edge” cookbook holder, item # 55140. A sample and descriptive literature of the product were submitted. The product is a portable shelf-like holder designed to fit over the edge of a cabinet. It measures approximately 16” long x 9-1/2” wide and consists of a shaped wooden board with metal brackets and wood moldings at the upper and lower ends. The upper bracket is designed to be placed on the top edge of a shelf in a kitchen cabinet. The upper wood molding rests against the bottom of the shelf. The product is then secured by the cabinet door. The lower bracket rests on an open page of the cookbook and keeps it open. The lower wood molding keeps the cookbook from sliding off. Also attached to the holder is a ribbon to mark additional pages. The cookbook holder is essentially composed of wood. The applicable subheading for the wooden “Over the Edge” cookbook holder, item # 55140, will be 4420.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wooden articles of furniture not falling within chapter 94. The rate of duty will be 3.2 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/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP. 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 Paul Garretto at 646-733-3035. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division