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NY B89326

September 25, 1997

CLA-2-63:RR:NC:TA:352 B89326


TARIFF NO.: 6306.22.9030

Mr. Michel J. Bernard
Sonotex Products Ltd.
4090 Ridgeway Drive, Unit 10
Mississauga, Ontario L5L5X5

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of sun shelters, mosquito nets, rainliners, panels and a tie-down kit from Canada; Article 509

Dear Mr. Bernard:

In your letter dated September 3, 1997, you requested a ruling on the status of sun shelters, mosquito nets, panels, and a tie-down kit from Canada under the NAFTA.

The submitted swatch and literature are material used for the manufacture of "Shademaster Sun Shelters". The swatch is made of textile knit fabric. The fabric covers the roof and corners; there are no sides or floor. The models designated in the literature are "Courtyard", "Estate", and "Cape Cod". They measure 9' x 8'2"H, 11' x 11' x 9'4"H and 9' x 12' x 8'6"H, respectively.

You inquiry does not provide enough information for us to give a classification ruling on the items designated as the "Shademaster Mosquito Net", "Shademaster Rainliners", "Shademaster Panels" and "Shademaster Tie-Down Kit". Your request for a classification ruling should include an actual sample or swatches of the material used to manufacture the items.

The applicable tariff provision for the "Shademaster Sun Shelters" 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 9.6 percent ad valorem.

The "Shademaster Sun Shelters", being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 1 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Alan Tytelman at 212-466-5896.


Robert B. Swierupski

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