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HQ 967106

July 28, 2004

CLA-2: RR:CR:TE: 967106 BtB


TARIFF NO.: 6306.12.0000

Ms. Jeanne Berg
VP Operations
Air Freight Int’l d/b/a AFI California
2381 Rosencrans Ave., Suite 100
El Segundo, CA 90245

RE: Revocation of NY K82882 regarding the tariff classification of a sunshade from China

Dear Ms. Berg:

This is in reference to New York Ruling Letter (NY) K82882, dated February 20, 2004, issued to you by the Bureau of Customs and Border Protection (CBP) regarding the classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of a sunshade from China. NY K82882 was issued in response to the January 28, 2004 ruling request letter that you filed on behalf of Gale Pacific (incorrectly called “Gale Specific” in NY K82882) of Ontario, California. We have reconsidered NY K82882 and have determined that the classification of the subject sunshade is not correct. This ruling sets forth the correct classification and revokes NY K82882.


The subject sunshade is more specifically described as an “Exterior Roll-Up Solar Shade.” In your ruling request letter, you state the following:

The product will be imported from China as a finished roller shade, complete with mounting brackets and pull chain. It is intended to be used as a sunshade to protect the home from heat, sun damage and glare. It is to be mounted on the outside of the house to reduce the damaging effect of the sun’s rays on the interior area . The shade can be mounted on an exterior window frame or patio. It is designed to filter sunlight before the sun enters the space. Thus is not suitable for installation on the interior of the unit. It does not completely block the sunlight, therefore is not effective as a “blackout” shade.

The marketing materials included with the ruling request letter show the instant sunshade mounted above home windows, doors and a patio. The roller shade is made of PVC-coated polyester yarn.

In NY K82882, CBP classified the subject sunshade under subheading 6306.99.0000, HTSUSA, which provides for “Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: Other: Of other textile materials.”


What is the proper classification of the subject sunshade under the HTSUSA?


Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

The EN to heading 6306 state that the heading covers “a range of textile articles usually made from strong, close woven canvas” including, in pertinent part:

Awnings, sunblinds (for shops, cafes, etc.) These are designed for protection against the sun; they are generally made of strong plain or striped canvas, and may be mounted on roller or folding mechanisms. They remain classified in this heading even when provided with frames, as is sometimes the case with sunblinds.

In prior rulings, we have noted that sunblinds are “covers for windows on buildings.” See HQ 088040, dated January 16, 1991. In regard to the articles included under heading 6306, we have stated, “ those articles are designed to mount over doors and windows to provide shelter and protection against the sun to those entering a building or using a window. See HQ 087562, dated August 15, 1990.

We find that the subject sunshade constitutes a sunblind. The subject sunshade’s purpose, as a sunblind’s, is to protect against the sun. It will principally be used on windows, being mounted on the outside of a house to reduce the sun’s damaging effects on the interior of the house. The fact that the instant sunshade comes with its own mounting brackets indicates that it is designed to remain attached to a structure and not be portable, unlike the sun and wind shields that are classified under heading 6307, HTSUSA (See e.g., NY 866112, dated September 5, 1991 and NY I89631, dated January 6, 2003). Additionally, this office has researched goods of the class or kind to which the instant sunshade belongs, and found that several companies are marketing and selling goods substantially similar to the subject sunshade as sunblinds.


NY K82882, dated February 20, 2004, is hereby revoked.

The subject sunshade is classified under subheading 6306.12.0000, HTSUSA, which provides for “Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: Tarpaulins, awnings and sunblinds: Of synthetic fibers.” The applicable rate of duty under the 2004 HTSUSA is 8.8% percent ad valorem and the applicable quota category is 669.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest your client check, close to the time of shipment, the Textile Status Report for Absolute Quotas which is available now on the CBP website at www.cbp.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local CBP office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


Myles B. Harmon, Director

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