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NY J84602




May 30, 2003

CLA-2-63:RR:NC:TA:349 J84602

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Ms. Sandy Cooper
Garden Meadow Inc.
124 Research Drive, Bldg. G & H
Milford, CT 06460

RE: The tariff classification of food cover from China.

Dear Ms. Cooper:

In your letter dated May 15, 2003 you requested a classification ruling.

The submitted sample is a food cover. The cover is comprised of a metal frame entirely covered with a knit man made fiber fabric. The fabric is printed with a floral design. The four bottom corners of the cover contain metal weights that are covered with woven fabric. The collapsible cover pops open. The item is designed to protect food at picnics, parties and cookouts from flies and other insect pests. The knit fabric constitutes the most distinctive characteristic of the article.

The applicable subheading for the food cover 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 6.4 percent ad valorem.

The cover falls within textile category designation 666. Based upon international textile trade agreements products of China are not subject to quota or visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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