The tariff classification of humidor and wine storage cabinet from China.

N193499 December 15, 2011 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.60.8081 Stephen L. Fodor President Customs Services & Solutions, Inc. 5833 Stewart Parkway, Suite 102 Douglasville, GA 30135 RE: The tariff classification of humidor and wine storage cabinet from China. Dear Mr. Fodor: In your letter dated November 17, 2011, on behalf of JKMax, Inc., you requested a tariff classification ruling. Photographs and a description have been submitted of a humidor and wine storage cabinet composed of wood in a mahogany finish. The cabinet is floor standing and not refrigerated. The interior of the cabinet has a Spanish cedar lining. The cabinet is divided into two sections with the top portion having a humidor, and the bottom portion having two wine shelves and a storage area. The humidor has an upward opening, wood framed glass door with a built-in lock. Each of the wine shelves on their forward facing have four notches capable of holding four wine bottles in a horizontal position. Above the two wine shelves is a storage area capable of housing wine and liquor bottles, glassware and other domestic items. There is a wood framed glass door, which opens outward, and encloses the contents of the wine and storage area.
The humidor and wine storage cabinet is composed of different components (wood and glass) and is considered a composite good. The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS), 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 material or component that imparts the essential character to the composite good. In this case, the wood imparts the essential character of the good, for it predominates in both inside and outside surface area, as well as in bulk, while giving the impression of a wooden cabinet with glass accents. The applicable subheading for the humidor and wine storage cabinet, will be 9403.60.8081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Other wooden furniture: Other; 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