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NY 893491



January 13 1994

CLA-2-63:S:N:N6:345 893491

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Harold Dichter
Leyden Customs Expediters Inc.
99 Hudson Street
New York, N.Y. 10013-2896

RE: The tariff classification of "Sheltahut" from China.

Dear Mr. Dichter:

In your letter dated December 29,1993, on behalf of Sun-it Corp. Division of E&B Giftware Inc., you requested a classification ruling.

The submitted sample described as a "Sheltahut style 202" is made of nylon with plexi-glass rods. The plexi-glass rods are of United States origin and will be exported to China to be packaged with the nylon cover. The rods will be placed in a carrying bag along with the folded nylon cover and imported into the United States. The article is a tent like structure measuring 6 feet by 5 feet by 4.5 feet, and designed to provide protection from wind and sun on the beach, in backyards and when camping.

The applicable subheading for the Sheltahut will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for, in pertinent part, tents: of synthetic fibers: other... other. The rate of duty will be 10 percent ad valorem.

The "Sheltahut" falls within textile category designation 669. Based upon international textile trade agreements, products of China are subject to quota and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, 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 that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The marking statute Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article.

In this case the article should be marked" Made in China". In addition, if you wish you may add," the rods are of United States origin".

The weight for quota visa purposes must include the nylon fabric cover, rods and carrying bag.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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