The tariff classification of collapsible hampers from China.

N073343 September 23, 2009 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.89.6010 Troy Crago-Edwards Import Specialist Atico International USA 501 South Andrews Avenue Fort Lauderdale, FL 33301 RE: The tariff classification of collapsible hampers from China. Dear Mr. Crago-Edwards: In your letter dated August 18, 2009, you requested a tariff classification ruling. The submitted samples will be returned as requested. The two submitted samples are collapsible laundry hampers, having the same item number A035MA00529. The hampers are constructed of nylon fabric attached to a wire iron frame. The hampers open up into a cylinder shape measuring approximately 15.75 inches in diameter by 21 inches in height, and can be collapsed and held flat by toggle buttons and loops on the sides. Each hamper features carrying straps and a folding animal face attached to the top. The hamper is sold in two different versions, a frog and a butterfly. The hampers are designed to be placed on the floor or ground. The subject hampers are composed of different components [fabric, metal] and are considered composite goods. Regarding the essential character of the hampers, the Explanatory Notes to GRI 3 (b) (VIII) state that the factor which determines essential character will vary between different kinds of goods. It may for example, be determined by the nature of the materials or components, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. When the essential character of a composite good can be determined, the whole product is classified as if it consisted only of the part that imparts the essential character to the composite good. In this case, the fabric component imparts the essential character to the good. The applicable subheading for the collapsible hampers will be 9403.89.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Furniture of other materials…Other: Other, Household.” 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