The tariff classification of a swing seat from China.

N236924 January 14, 2013 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9401.80.4001 Shawnna L. Klimek President Swing Set Stuff, Inc. 33750 Steadman Road New Boston, MI 48164 RE: The tariff classification of a swing seat from China. Dear Ms. Klimek: In your letter dated January 2, 2013, you requested a tariff classification ruling. A photo was submitted SKU number SSS-0134-P is described as a “half-back half bucket toddler swing seat.” The swing seat is made of plastic, has metal hardware attached to its sides, and secures in the front by means of a safety chain. It comes in four colors, red , blue, green and yellow. At time of import no mounting hardware is provided. With additional mounting hardware obtained after importation, this seat attaches to a swing set, tree or existing beam. This half-back half bucket swing seat can be used indoors or outdoors; accommodates toddlers ranging from ages two to five years old; and is for household noncommercial use only.
The applicable subheading for the plastic, half-back half bucket toddler swing seat, will be 9401.80.4001, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Other seats: Of rubber or plastics: Other: Children’s highchairs and booster seats except for motor vehicles; bath seats, infant walkers, bouncers with seats, swings for children.” 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, Thomas J. Russo Director National Commodity Specialist Division