HQ 083516: Fire screen

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 083516

                                    March 26, 1990


            CLA-2 CO:R:C:G  083516 JLJ 835185

            CATEGORY: Classification

            TARIFF NO.: 9403.20.00

            Mr. Michael O'Neill
            O'Neill & Whitaker, Inc.
            1809 Baltimore Avenue
            Kansas City, Missouri  64108

            RE:  Fire screen

            Dear Mr. O'Neill:

                 You requested a tariff classification for a fire screen
            under the Harmonized Tariff Schedule of the United States
            Annotated (HTSUSA).

            FACTS:

                 The merchandise at issue is a three-fold arch top fire
            screen made of a steel 7/16 inch frame and stamping mesh,
            trimmed in brass.  The screen is 30-1/2 inches high and 52
            inches wide.

                 Similar merchandise was classified in Customs Headquarters
            Ruling Letter (HRL) 083639 of April 24, 1989.  In that letter,
            a fan-shaped fireplace screen of solid brass was held to be
            classified under the provision for furniture of other
            materials, other, in subheading 9403.80.60, HTSUSA.

            ISSUE:

                 What is the HTSUSA classification of the fire screen?

            LAW AND ANALYSIS:

                 Chapter Note 2 of Chapter 94, HTSUSA, which covers
            furniture, states that the articles in Heading 9401 to 9403 are
            to be classified in those headings only if they are designed
            for placing on the floor or ground.  The instant fire screen is
            a movable article constructed for placing on the floor or
            ground.  It is intended to prevent large cinders from escaping
            from the fireplace.  It is used to equip private dwellings.














                                          -2-


                 The Explanatory Notes for Heading 9403, which covers other
            furniture, state as follow:

                           The heading includes furniture for:

                           (1) Private dwellings, hotels, etc.,
                               such as:...fire screens....

                 Noting all of the above-mentioned facts, the fire screen
            is classifiable as other furniture in Heading 9403, HTSUSA.  We
            note that there is a specific provision for metal furniture
            (other than that used in offices) in subheading 9403.20.00,
            HTSUSA.

            HOLDING:

                 The instant fire screen is classified under the provision
            for other furniture and parts thereof: other metal furniture:
            other, in subheading 9403.20.00, HTSUSA, dutiable at the rate
            of 4 percent ad valorem.  HRL 083639 is hereby modified to
            conform to this ruling.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
































            6 cc: Area Dir., N.Y. Seaport (NIS-233)
            1 cc: Port Director, Kansas City, Missouri
            hensley library 083516JLJ