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NY F83637

March 13, 2000

CLA-2-39:RR:NC:SP:221 F83637


TARIFF NO.: 3926.90.9880

Ms. Maria Harris
Fritz Companies, Inc.
8870 Boggy Creek Road
Suite 700
Orlando, FL 32824

RE: The tariff classification of a shade structure from China.

Dear Ms. Harris:

In your letter dated February 4, 2000, on behalf of Enviroworks, you requested a tariff classification ruling.

The product is a canopy structure measuring 10 feet by 20 feet, designed to provide shade. A sample of the canopy portion and a picture of the complete structure were provided with your letter. The canopy is made from strips of polyethylene measuring not over 5 mm in width, woven to form a textile fabric, and heavily coated on both sides with plastics material which is visible to the naked eye other than by change of color. Material of this construction is considered to be of plastics for tariff classification purposes. The canopy will be imported with steel poles and a steel framework used to support the structure.

The applicable subheading for the shade structure will be 3926.90.9880, 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 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 Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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