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NY 806012




February 15, 1995

CLA-2-44:S:N:N8:230 806012

CATEGORY: CLASSIFICATION

TARIFF NO.: 4418.20.4000; 4418.90.4050; 4418.90.4090; 3916.90.5000; 7308.90.9590; 6303.92.2000; 7615.10.9000; 6303.12.0000

Mr. Raymond F. Sullivan, Jr.
Willkie Farr & Gallagher
Three Lafayette Center
1155 21st Street, NW
Washington, DC 20036-3384

RE: The tariff classification of components for prefabricated conservatories from the United Kingdom, Indonesia and other countries

Dear Mr. Sullivan:

In your letter dated January 17, 1995 you requested a tariff classification ruling. The request was made on behalf of your clients, Wickes plc and Hartford Conservatories, Inc.

In the above letter a request was made that confidential treatment be accorded to certain identifying information. However, in a subsequent letter dated February 3, 1995, the request for confidential treatment was withdrawn.

A ruling (NY 897374 dated May 27, 1994) was previously issued on imported kits of two styles of prefabricated conservatories which contain all the parts except the glass window panes, floor joists, base frame assembly and finishing materials. The ruling remains in effect for such imported kits. A ruling is now being requested on various components of the conservatories which are to be imported separately from different countries and then sorted into kits in the United States.

The components to be imported separately include fabricated hardwood panels, beams and other wooden members. The panels comprise the walls of the conservatories and are profiled, cut- to-size, fully fabricated, assembled, bolt-drilled and treated with a preservative prior to importation. The glass window panes will be added after importation in the United States. Some of the panels will be fabricated into french doors and their frames.

The beams and other wooden members are cut-to-size and treated with a preservative. No other specific information showing their shape and construction was submitted. Another wood product to be imported consists of the slanted side portion between the wall and the roof of one conservatory model. This portion is made of slats which have ends cut to shape to fit the slant.

The wooden components are stated to be sourced and fully processed in Indonesia and shipped directly from Indonesia. However, in one part of your letter, you state that all wooden components are fully fabricated in Malaysia.

The applicable subheading for the fabricated french doors and their frames will be 4418.20.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for builders' joinery and carpentry of wood; doors and their frames and thresholds; french doors. The duty rate will be 7 percent ad valorem.

The applicable subheading for the fabricated wall panels will be 4418.90.4050, HTSUSA, which provides for builders' joinery and carpentry of wood; other; prefabricated partitions and panels for buildings. The duty rate will be 4.7 percent ad valorem.

The applicable subheading for the side slats cut-to-shape will be 4418.90.4090, HTSUSA, which provides for builders' joinery and carpentry of wood; other; other. The duty rate will be 4.7 percent ad valorem.

Articles classifiable under subheadings 4418.20.4000, 4418.90.4050, and 4418.90.4090, HTSUSA, which are products of Indonesia and directly shipped from Indonesia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Articles classifiable under subheadings 4418.90.4050 and 4418.90.4090, HTSUSA, which are the products of and shipped directly from Malaysia are entitled to duty free treatment under the GSP upon compliance with all applicable regulations. French doors classifiable in subheading 4418.20.4000, HTSUSA, which are products of Malaysia are presently excluded from duty free treatment under GSP.

Your inquiry does not provide enough information for us to give a tariff classification ruling on the beams and other wooden members. Your request for a ruling on these products should include information on their construction, size and shape.

Other components of the conservatories to be imported separately consist of triple wall polycarbonate roof panels, steel structural tie rods, metal rafter plates, steel angle center plates, ceiling panel shade assemblies, venetian window blind assemblies, solar powered ceiling vents and panel bolts. Your letter states that samples were submitted; however, no samples were received.

The polycarbonate roof panels are stated to be fabricated in England. The panels are extruded to shape in large rectangular sections. The applicable subheading for extruded polycarbonate roof profiles which have not been further worked will be 3916.90.5000, HTSUSA, which provides for profile shapes, whether or not surface-worked but not otherwise worked, of other plastics; other. The duty rate will be 5.8 percent ad valorem.

The steel structural tie rods, the metal rafter plates and steel angle center plates are used to fix or stabilize the rafters of the conservatory. You state that these will be sourced at a later time in the United States; it is assumed that initial shipments will come from the United Kingdom. The applicable subheading for the tie rods, rafter plates and center plates will be 7308.90.9590, HTSUSA, which provides for plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel; other; other; other. The duty rate will be 5.1 percent ad valorem.

The ceiling panel shade assemblies are used as interior ceiling covers to control the amount of sunlight in the conservatory. They consist of a shade made of 100 percent woven polyester, an aluminum top roller and an aluminum bottom rod. You requested classification of the ceiling shade as a complete unit shipped in a prepackaged kit and classification of the shade alone and the aluminum parts shipped separately.

The applicable subheading for the ceiling panel shade as a complete unit and for the shade alone shipped separately from the aluminum parts will be 6303.92.2000, HTSUSA, which provides for curtains and interior blinds; other; of synthetic fibers; other. The duty rate will be 12.6 percent ad valorem.

The applicable subheading for the aluminum roller and rod shipped separately will be 7615.10.9000, HTSUSA, which provides for other household articles and parts thereof, of aluminum. The duty rate will be 3.7 percent ad valorem.

The venetian window blind assembly consists of blinds made of 100 percent knitted polyester and a base of polyvinyl chloride. The applicable subheading for the venetian blind will be 6303.12.0000, HTSUSA, which provides for curtains and interior blinds; knitted; of synthetic fibers. The duty rate will be 12.6 percent ad valorem.

The woven polyester ceiling panel shade assembly, the woven polyester ceiling shade shipped separately and the knitted polyester window blind fall within textile category designation 666. Based upon international textile trade agreements, products of certain countries are subject to quota and the requirement of a visa. As you stated only that the shades will be shipped from England, the country of origin for these products is not known. The country of origin of the polyester shades and blinds needs to be determined prior to importation.

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. 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.

Your inquiry does not provide enough information to give a tariff classification ruling for the solar powered ceiling vent or for the panel bolts. Your request for a classification of the ceiling vent should include information on whether the unit contains a blower and if it is activated by an internal thermostat. Your request for a classification of the bolts should include samples, descriptive sales literature and should identify the component material that they are made of. The country of origin for each should be clearly stated.

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,


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