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NY I87908

October 31, 2002

CLA-2-63:RR:NC:TA:349 I87908


TARIFF NO.: 6304.91.0040

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, VA 23320

RE: The tariff classification of an umbrella food tent from China.

Dear Ms. Grego:

In your letter dated October 23, 2002 you requested a classification ruling.

You submitted a sample of an umbrella type food cover referred to as SKU 803919 – 16” Mesh Food Tent. The cover is comprised of polyethylene knit fabric, four metal umbrella-type ribs and a plastic top with a locking pin and pull cord. When opened, the submitted sample covers an approximately 17 x 17 inch area. The article resembles an umbrella when opened and is designed to protect food at picnics, parties and cookouts from flies and other insect pests. A flower applique is sewn to each side of the cover/tent. The polyethylene knit fabric, which is the material forming the protective surface of the food umbrella, constitutes the most distinctive characteristic of the article.

The applicable subheading for the food tent will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted... of man-made fibers. The rate of duty will be 6.9 percent ad valorem.

The umbrella food tent falls within textile category designation 666. Based upon international textile trade agreements products of China are not subject to quota or visa restrictions.

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 John Hansen at 646-733-3043.


Robert B. Swierupski

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