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NY I86766

November 6, 2002

CLA-2-66:RR:NC:3:353 I86766


TARIFF NO.: 6601.99.0000

Mr. Glenn Lindaman
Buck Wing
2650 Lehigh Street
Whitehall, PA 18052

RE: The tariff classification of an umbrella from China.

Dear Mr. Lindaman:

In your letter dated October 9, 2002, you requested a tariff classification ruling on a “Porta Roof Hunting Umbrella” that had been previously classified in ruling NY I84891, dated August 14, 2002, under subheading 6601.99.0000, HTS, with a rate of duty of 8.2% ad valorem.

Subsequent to that ruling, telephone conversations revealed that you believed the proper classification was under subheading 6601.91.0000, HTS, with a duty rate of Free. This subheading is for umbrellas, other than garden umbrellas, with a telescopic shaft. The initial sample did not have a telescopic shaft.

You have now sent in a sample and advised this office that you will remanufacture the shaft to be extendable. However, the sample supplied features a collapsible umbrella portion, but does not have a telescopic shaft.

Please note that a telescopic shaft for an umbrella is one where the parts of the shaft overlap and slide one in the other so that the shaft can be extended or collapsed.

This office cannot reclassify the “Porta Roof Hunting Umbrella” without a sample of the redesigned item with the telescopic shaft. The current sample is still classified under subheading 6601.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Umbrellas and sun umbrellas (including walking stick umbrellas, garden umbrellas and similar umbrellas): Other: Other.” The rate of duty will be 8.2 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 Kenneth Reidlinger at 646-733-5053.


Robert B. Swierupski

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