CLA-2-94:S:N:N1:233 853607

Ms. Wendy Carpenter
Cube-It-File Corporation
Spruce Lake Industrial Park
P.O. Box 6201, Station A
Saint John, New Brunswick, Canada E2L 4R6

RE: The tariff classification of "Cube-It-File" units from Canada.

Dear Ms. Carpenter:

In your letter dated June 12, 1990, you requested a tariff classification ruling.

The furniture items consist of "Cube-It-File" units which are available in both letter and legal sizes. These modular file components are durable interlocking high impact polystyrene units. They are comprised of a unit filing box generally of cubic form, with a bottom, back and side walls, open at the front and top. For stacking capabilities the bottom is recessed along the outer edged to receive the top edges of the lower file box. A projected rib design is provided on the back for hanging the "Cube-It-File" unit on a frame. Aligned slots at the back and bottom walls allow for the insertion of one or more file dividers. They are designed to stand on the floor and stack independently or by hand from conventional storage systems.

The applicable subheading for the "Cube-It-File unit will be 9403.70.8020, Harmonized Tariff Schedule of the United States (HTS), which provides for other furniture and parts thereof: furniture of plastics, other, office. The duty rate will be 2.4 percent ad valorem. Goods classifiable under subheading 9403.70.8020, HTS, which have originated in the territory of Canada, will be entitled to a reduced rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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