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NY I80059

April 9, 2002

CLA-2-63:RR:NC:N3:351 I80059


TARIFF NO.: 6306.22.9030

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Ave., 33rd Fl.
New York, NY 10167-3397

RE: The tariff classification of a gazebo from China.

Dear Ms. Goldfischer:

In your letter dated March 25, 2002, you requested a ruling on behalf of Gale Pacific of Maitland, FL, on tariff classification.

Your letter describes a gazebo comprised of a canopy and frame. You submitted a sample of the canopy fabric, which you state to be knitted 100% high density polyethylene strips; the strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). The fabric will serve as a roof and will cover the four corner poles. The gazebo has no side panels. The frame is described as either steel or aluminum tubes that are held together with plastic corner connectors. There are also metal stakes for anchoring the assembled gazebo. The sample of fabric will be returned as you requested.

The applicable subheading for this product will be 6306.22.9030, HTS, which provides for tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: tents: of synthetic fibers: other: other. The general rate of duty will be nine 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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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