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NY J86740




July 31, 2003

CLA-2-63:RR:NC:TA:349 J86740

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040; 7616.99.5090

Ms. Maurine Cecil
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of a mosquito net from Thailand and aluminum poles from China.

Dear Ms. Cecil:

In your letter dated June 30, 2003 you requested a classification ruling on behalf of Tropical Safety Research.

The submitted sample, identified as a “Net-Hanger”, consists of a mosquito net and aluminum poles. The net is made from 100 percent nylon knit fabric. It is designed to be hung from a ceiling support or the included aluminum pole support and drape over a bed. Sewn to the top edge of the net is an approximately 24-inch diameter collapsible ring. The collapsible net pops open. The net also features a plastic loop in the center of the top end. The net will available in two versions. The smaller version “Traveler” and a larger version “Expedition”. Included with the net are 6000 series aluminum poles. The poles are used to hang the net over a bed. The net is packed in a nylon bag with a zipper closure. You indicate that the poles may be imported in the nylon bag with the net or separately. When imported together the mosquito net and poles are considered a composite good. The mosquito net provides the essential character of this composite good. As requested the samples are being returned.

In your letter you suggest that the nets should be classified under subheading 6307.90.9889 based on a 1997 New York Ruling. The netting that was the subject of that ruling was designed for a gazebo. The submitted mosquito nets are designed to be used over a bed as a home furnishing. The Explanatory Notes to heading 6304 specifically include mosquito nets as a furnishing article.

The applicable subheading for the mosquito net alone or with the aluminum poles 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 duty rate will be 6.4 percent ad valorem.

The applicable subheading for the aluminum poles when imported separately will be 7616.99.5090, HTS, which provides for other articles of aluminum, other. The rate of duty will be 2.5 ad valorem.

The mosquito net falls within textile category designation 666. Based upon international textile trade agreements products of Thailand 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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