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HQ 959986




December 20, 1996

CLA-2 RR:TC:TE 959986 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9010

Norman Katz, Esq.
Barnes Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: Classification and country of origin determination for screen houses; 19 CFR ?102.21(c)(1); wholly obtained or produced

Dear Mr. Katz:

This is in reply to your letter dated October 16, 1996, on behalf of your client, Nelson/Weather Rite, requesting a tariff classification determination under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and a country of origin determination for certain screen houses which will be imported into the United States. Although no samples were submitted, color illustrations of the subject screen houses were submitted to this office for examination.

FACTS:

The subject merchandise, referenced style numbers 4611 and 4612, consists of dome-shaped screen houses whose roof and walls are made of polyester screen mesh fabric, the lower borders are made of woven nylon taffeta fabric, and a floor composed of polyethelene sheeting material. The screen houses also feature a rainfly, made of woven nylon taffeta fabric, which when let down covers the entire surface of the structures. The screen houses are supported by fiberglass reinforced plastic poles and steel pegs.

You state that the screen houses provide protection from insects and that the rainfly provides limited protection from the sun and rain.

Production of all of the components for the subject screens, as well as complete assembly, occurs in China.

ISSUE:

1. What is the proper tariff classification for the subject merchandise?

2. What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

Tariff Classification

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Heading 6306, HTSUS, provides for, among other things, tents. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6306 state:

Tents are shelters made of lightweight to fairly heavy fabrics of man-made fibres, cotton or blended textile materials, whether or not coated, covered or laminated, or of canvas. They usually have a single or double roof and sides or walls (single or double), which permit the formation of an enclosure. The heading covers tents of various sizes and shapes, e.g., marquees and tents for military, camping (including backpack tents), circus, beach use. They are classified in this heading, whether or not they are presented complete with their tent poles, tent pegs, guy ropes or other accessories.

As indicated by the above referenced EN to heading 6306, HTSUS, the definition of tents is broad enough to include many types of tents, including those which are not per se, "shelters", which provide protection against the elements. Customs has interpreted the term "tents" to include a variety of articles which are "shelters" made of textile materials that form a protective enclosure and, therefore, fall within the class or kind of merchandise considered tent-like structures. Furthermore, the term "protection against the elements" has been interpreted by Customs to include protection from insects. This interpretation is consistent with the above EN to heading 6306, HTSUS, description. We refer you to the following rulings which discuss the classification of similar merchandise in heading 6306, HTSUS: HQ 956935, dated February 21, 1995, discussing the classification of a sleep screen and HQ 083789, dated March 31, 1989; HQ 083683, dated March 30, 1989; HQ 084128, dated July 14, 1989; and HQ 084770, dated September 29, 1989, discussing the classification of screenn houses. The fact that the subject tents also feature a pull down rainfly does not contradict the principal use of this merchandise as screen houses. Accordingly, the subject merchandise is classified in subheading 6306.22.9010, HTSUSA, which provides for tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: tents: of synthetic fibers: other, screen houses.

Country of origin

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is wholly obtained or produced in a single country, China, the country of origin of the subject screen houses is China.

HOLDING:

The subject screen houses, referenced style numbers 4611 and 4612, are classified in subheading 6306.22.9010, HTSUSA, which provides for tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: tents: of synthetic fibers: other, screen houses. The applicable rate of duty is 9.8 percent ad valorem.

The country of origin of the subject screen houses is China.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,
John Durant, Director
Tariff Classification Appeals Division

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