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NY 882215

February 16, 1993

CLA-2-39:S:N:N6:221 882215


TARIFF NO.: 3926.90.9590

Mr. Paul Hsieh
Life Gear, Inc.
300 Round Hill Drive
Rockaway Township, NJ 07866

RE: The tariff classification of a dining canopy from China.

Dear Mr. Hsieh:

In your letter dated January 22, 1993, you requested a tariff classification ruling.

The dining canopy is made of polyethylene textile strips which have been woven, and then coated on both sides with plastics material. This canopy, which you identify as style 52500, is a revised version of a previous dining canopy, also identified as style 52500. The original canopy was made from blue and white textile strips which were woven and then coated with a milky white polyethylene material. The coating on the original material was not considered to be visible, and the canopy made therefrom was classified as a textile article, subject to visa requirements. The woven material of the instant canopy has been coated on both sides with a visible blue polyethylene material. This construction is considered to be plastics for tariff classification purposes. The dining canopy will be imported with a zinc plated steel frame, ground stakes, and a storage bag.

The applicable subheading for the dining canopy, when made from fabric coated on both sides with visible blue plastics material, including the steel frame, ground stakes, and storage bag, will be 3926.90.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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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