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NY E89206

November 26, 1999

CLA-2-63:RR:NC:TA:352 E89206


TARIFF NO.: 6306.22.9030; 3926.90.9880

Mr. Al Lannaccone
Elite Trade Services
2683 Rolling Green Drive
Macungie, PA 18062

RE: The tariff classification of a gazebo from China.

Dear Mr. Lannaccone:

In your letter dated October 19, 1999, you requested a classification ruling.

The submitted sample and a sample swatch of fabric are for a gazebo, item number 52703, with a canopy constructed of woven polyethylene sheeting material or polyester woven textile fabric. The submitted sample is made of woven polyethylene sheeting material. The sheeting material is constructed of woven polyethylene strips that measures less than 5mm in width. This fabric is visibly coated on both sides with plastic. This product is considered a plastic material. The swatch of fabric is composed of woven polyester green and white striped fabric. The sheeting material or the woven textile will cover the roof and corners. There are no sides or floor.

The applicable subheading for the gazebo made of woven polyethylene sheeting material will be 3936.90.9888, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for the gazebo made of polyester woven fabric will be 6306.22.9030, HTS, which provides for tents: Of synthetic fibers: Other, other. The duty rate will be 9.4 percent ad valorem.

The gazebo made of polyester woven fabric falls within textile category designation 669. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 212-637-7092.


Robert B. Swierupski

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