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NY 806501

February 14, 1995

CLA-2-63:S:N:N6:345 806501


TARIFF NO.: 6306.22.9030

Mr. Michael K. Blair
Tannet Industries
101-325 Howe Street
Vancouver, B.C., Canada V6E 1Z7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a "Solar Shield" from Canada; Article 509

Dear Mr. Blair:

In your letter dated January 29, 1995, you requested a ruling on the status of a "Solar Shield" from Canada under the NAFTA.

The sample submitted is a "Solar Shield" used as an ultra violet reduction screen for sun tanning. It is made of 100 percent polyethylene warp knit fabric. When set up, the "Solar Shield" measures approximately 6 feet by 6 feet by 4 feet. It is supported by a folding shock-corded fiberglass pole and ropes with plastic pegs attached. It has no floor but covers an area of 40.8 square feet. It is stored in a man-made woven fabric carry bag measuring 11.5 inches by 6 inches and weighs 1.68 pounds.

The applicable tariff provision for the "Solar Shield" will be 6306.22.9030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Tents: Of synthetic fibers: Other, other. The general rate of duty will be 10 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because the non-originating materials, the polyethylene warp knit fabric a product of the United Kingdom, used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/63, HTSUSA

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.


Jean F. Maguire
Area Director

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