The tariff classification of a shopping cart baby hammock from China.

N236544 January 11, 2013 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.89.6020 Edith Tolchin EGT Global Trading P.O. Box 5660 Hillsborough, NJ 08844 RE: The tariff classification of a shopping cart baby hammock from China. Dear Ms. Tolchin: In your letter dated December 10, 2012, on behalf of your client, Binxy Baby, LLC., you requested a tariff classification ruling. As requested, the sample submitted will be returned to you. The submitted sample is called the Binxy Baby ™ shopping cart hammock. The soft-side fabric hammock measures approximately 21”L x 15”W. To use, the hammock is laid across the top of the basket portion of a store shopping cart and is hooked to the left and right sides using the plastic clips sewn down at both ends of the hammock. The hammock is then secured to the cart by threading hook-and-loop straps through the basket over each of the clips. The shopping cart hammock also features an adjustable seat belt which fits between the baby’s legs and around the waist to prevent the child from falling out. The applicable subheading for the Binxy Baby shopping cart hammock will be 9403.89.6020, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for “Other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials” Other: 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/. You also asked about special marking requirements for this item. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”). Additionally, in your letter you inquired about other requirements that may exist concerning your product, since it may be subject to the laws and regulations of the Consumer Product Safety Act. Import compliance information may be obtained by contacting the U.S. Consumer Product Safety Commission (CPSC) at 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7912. 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, Thomas J. Russo Director National Commodity Specialist Division