CLA-2-94:S:N:N8:233 808886

Mr. Barry Prichard
P.O.Box 79
International Falls, MN 56649

RE: The tariff classification of a kitchen cabinet, a bathroom cabinet and formica counter tops from Canada.

Dear Mr. Prichard:

In your letter dated March 27, 1995, you requested a tariff classification ruling.

The furniture items consist of three items. The first two items are a kitchen cabinet and a bathroom cabinet. They are both constructed of finished pine or oak. The third item consists of countertops which are constructed of formica and will be used in both the bathroom and kitchen.

The applicable subheading for the kitchen cabinet will be 9403.40.9060, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Other furniture and parts thereof: Wooden furniture of a kind used in the kitchen: Other, cabinets designed for permanent installation. The general rate of duty will be 2 percent ad valorem. The applicable subheading for the bathroom cabinet will be 9403.60.8080, HTSUSA, which provides for: Other wooden furniture, other. The general rate of duty will be 2 percent ad valorem. The applicable subheading for the countertops will be 9403.90.8080, HTSUSA, which provides for: Other furniture and parts thereof: Parts: Other. The general rate of duty will be 3.2 percent ad valorem. Enclosed please find a copy of the North American Free Trade Agreement (NAFTA) certificate of origin, to be completed by the manufacturer, producer. shipper or importer. If it meets all requirements, the commodity listed thereon will be free of duty. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport