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NY M84410




June 26, 2006

CLA-2-63:RR:NC:N3:351 M84410

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9010

Gordon C. Anderson
C. H. Robinson Worldwide, Inc.
8855 Columbine Road
Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of a screen house from China

Dear Mr. Anderson:

In your letter dated June 15, 2006, you requested a tariff classification ruling.

You supplied a picture and description of the screen house, identified as “GO29229DS-DBC / Two Tier Gazebo Insect Screen 2-Plant Shelves Desert Stone.” It is described as follows: 11.5’ x 11.5’, with a wrought iron frame, and a 100% polyester roof and screen sides. You state that it “is intended for use in one’s yard to provide shelter from bugs, insects, and sunlight.”

The applicable subheading for the screen house will be 6306.22.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tents: Of synthetic fibers: Other, Screen house. The general rate of duty will be 8.8% ad valorem.

You suggest that the classification for this screen house is under subheading 7308.90.9560, HTSUS, which provides for, inter alia, structures of iron or steel, architectural and ornamental work. We note that unlike the gazebo of NY R01361 (which you cite), which is constructed solely of iron or steel parts, the subject gazebo consists not only of an iron or steel frame but also of a polyester top cover and sides of screening. Customs, and now Customs and Border Protection, have long held such a structure to be a screen house. Your attention is drawn to New York rulings F82163 and H86263, among numerous others.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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