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NY N022425

February 1, 2008



TARIFF NO.: 6304.91.0040

Francine Ramsey
Hampton Direct Inc.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of food covers from Taiwan

Dear Ms. Ramsey:

In your letter dated January 9, 2008 you requested a classification ruling.

The submitted sample is a set of 5 Pop-Up Food Covers (Item #70260). The covers are comprised of a metal wire frame and a knit polyester fabric. Strips of woven fabric cover the frame and act as a top handle. The covers feature a toggle button and loop on each side used to fasten the cover in its unexpanded state. The covers in the set come in 12.5, 14.5 and 16.5 inch diameter and range in height from 5.5 to 7 inches. The covers are designed to protect food at picnics, parties and cookouts from flies and other insect pests. The polyester knit fabric, which is the material forming the protective surface of the food covers, constitutes the essential characteristic of the covers.

     The applicable subheading for the cover will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), 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 5.8 percent ad valorem.

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/.

The covers fall within textile category 666. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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