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NY L80830

November 24, 2004

CLA-2-63:RR:NC:TA:349 L80830


TARIFF NO.: 6304.93.0000; 6304.91.0040

Mr. Chris Fladager
Norvanco International Inc.
21902 64th Ave. South
Kent, WA 98032

RE: The tariff classification of a bed canopy from China.

Dear Mr. Fladager:

In your letter dated November 4, 2004 you requested a classification ruling on behalf of Spin Master, Inc.

You submitted a sample of a full round bed canopy and an eyebolt. The canopy is designed to be hung from a ceiling support and drape over a bed. It will be made from either 100 percent polyester woven fabric or 100 percent nylon knit fabric. Sewn to the top portion of the canopy is a pop open plastic ring that measures approximately 23 inches in diameter. The ring is covered with a knit pile fabric. The canopy also features a metal grommet ring with a braided cord. This cord is used to attach the canopy to a ceiling support. The canopy is similar in design and construction to a mosquito net.

The applicable subheading for the woven polyester canopy will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 6.3 percent ad valorem.

The applicable subheading for the knit nylon canopy will be 6304.91.0040, 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 5.8 percent ad valorem.

The bed canopies fall 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.


Robert B. Swierupski

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