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NY G82338

October 16, 2000

CLA-2-63:RR:NC:TA:351 G82338


TARIFF NO.: 6306.99.0000; 6114.30.3070

Mr. James Chan
Unitrend International Group
15W664 Fillmore Street
Elmhurst, IL 60126

RE: The tariff classification of a “Portable Mosquito Net Survivor Kit” from China.

Dear Mr. Chan:

In your letter dated September 13, 2000, you requested a tariff classification ruling.

The sample submitted is a “Portable Mosquito Net Survivor Kit,” item number 50500. It consists of a mosquito net and a top and pants contained in a drawstring woven textile bag. The articles are used to protect a person from bothersome insects. The mosquito net is made of 100 percent polyester knit open work fabric panels. The panels are sewn together into a dome shape which measures approximately 72” x 42”. It is supported with a fiberglass hollow tube frame. The top and pants are garments constructed of 100 percent nylon knit sheer fabric. The top is a pullover with long sleeves. The top has around the neck, bottom and wrist a knit fabric cuff. The pant is a full-length trouser with knit cuffs around the ankle and features an elastic waist with a drawstring. The pants are designed with two zippers, one on each side.

In accordance with the Explanatory Note (X) to General Rule of Interpretation 3(b) the term "goods put up for retail sale" means goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings....

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

For classification purposes the “Portable Mosquito Net Survivor Kit” must be broken out for each item and classified separately, since the above-described merchandise will not be used in conjunction with each other to carry out a specific activity and is used independently of each other.

The applicable subheading for the mosquito net will be 6306.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tarpaulins awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods, other, of other textile materials. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the top and pant will be 6114.30.3070, HTS, which provides for other garments, knitted or crocheted: Of man-made fibers: Other, other: Women’s or girls’. The rate of duty will be 15.4 percent ad valorem.

The top and pant fall within textile category designation 659. 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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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