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NY 855160

September 5, 1990

CLA-2-63:S:N:N3G:345 855160


TARIFF NO.: 6306.22.9030

Mr. David Hj. Eriksson
The Svenska Co., Ltd.
7720 E. Gelding Drive
Suite 105
P.O. Box 12983
Scottsdale, AZ 85267-2983

RE: The tariff classification of "Shade Ports" from The Republic of South Africa.

Dear Mr. Eriksson:

In your letter dated August 1, 1990, you requested a tariff classification ruling.

Submitted are small representative sample swatches of warp knit fabric and literature used for the manufacture of "Shade Ports". The swatches are composed of polypropylene strips measuring less than 5 millimeters in width inserted into warp knit polypropylene filaments. The fabrics are attached over mild cold rolled steel tubing formed to create a desired design. The shade cloth car ports are used to protect vehicles from the elements of nature.

The applicable subheading for the "Shade Ports" will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for Tarpaulins, awnings and sun blinds; tents; sails for boats, sail boards or landcraft; camping goods: Tents: of synthetic fibers, other. The duty rate will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the replacement parts for component I and component II . Your request for a classification ruling should include for Component I, if the article is in continuous length or is it a made up article? For component II, state whether it is welded, seamless, circular, the ASTM specification, the length, and diameter. Also indicate if the diameter is uniform throughout the length of the tubing?

It should be noted that, in accordance with the Comprehensive Anti-Apartheid Act of 1986, 22 U.S.C. 5001-5116, and the South African Transactions Regulations, codified at 31 CFR, Part 545, certain items produced or manufactured in South Africa are prohibited from importation into the United States. 31 CFR 545.211, specifically prohibits the importation of South African uranium ore, uranium oxide, coal and textiles into the United States.

The Office of Foreign Assets Control, Department of Treasury, regularly notifies the Customs Service of prohibited South African articles under the HTSUSA. South African articles listed by the Office of Foreign Assets Control as prohibited from entering the United States include, inter alia, all textile articles provided for in HTSUSA Chapters 50 to 63. If you have any further questions concerning the instant merchandise, contact Foreign Assets Control.

Other Agency Compliance No. 196, CIE N-45/87, dated July 21, 1987, provides in pertinent part that:

13. Entry of goods into Customs bonded warehouses or admittance into foreign-trade zones is permissible only if the goods would be permitted entry for consumption under these instructions.

Since the entry for consumption of South African textile products is prohibited, the entry of such merchandise in bond or its admittance into a foreign-trade zone is similarly prohibited.

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.


Jean F. Maguire
Area Director

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