The tariff classification of a shelf cross brace from China.

N029090 June 4, 2008 CLA-2-94:OT:RR:E:NC:SP:233 CATEGORY: Classification TARIFF NO.: 9403.90.8040 Mr. Gary Hollis The Container Store 500 Freeport Parkway Coppell, TX 75019 RE: The tariff classification of a shelf cross brace from China. Dear Mr. Hollis: In your letter dated May 21, 2008, you requested a tariff classification ruling. Photographs and description have been submitted for two cross braces used to provide support for a wood shelf system. There are two sizes of support cross braces designed to be used with a customized wood shelf system. These braces are constructed of powder-coated steel and they provide the lateral support for the shelving units. The cross braces comes in two sizes: 35 inches and 48 inches. The basic X pattern of the brace can be adjusted to accommodate the different shelf sizes available with this shelf system. The cross braces are necessary to add structure and support for the shelving unit which is designed to stand on the floor. The applicable subheading for the shelf cross brace will be 9403.90.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Parts: Other: Other: Of metal.” 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 Lawrence Mushinske at 646-733-3036. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division