CLA-2-94:RR:NC:SP:233 C89917

Ms. Ruby L. Wood

Evans and Wood & Co., Inc.

P.O. Box 610005

DFW Airport, TX 75261

RE: The tariff classification of an infant swing from unknown countries.

Dear Ms. Wood:

In your letter dated June 25, 1998, on behalf of Today's Kids, you requested a tariff classification ruling.

The submitted drawing depicts an infant swing composed of a seat and ropes. It is designed to be hung from framework, swing hangers or a swing set. The infant swing features a safety belt and a motion activated music box. The swing frame is made of injection molded plastic. The seat is made of printed fabric and the ropes are made of polypropylene. You indicate that the country of origin is not known at this time. Your drawing is being returned as requested.

The applicable subheading for the infant swing will be 9401.80.4045, Harmonized Tariff Schedule of the United States (HTS), 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, other. The general rate of duty will be 0.5% ad valorem.

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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division