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NY 887832





July 13, 1993

CLA-2-39:S:N:N6:221 887832

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9590; 6306.22.9030

Ms. Amanda Xu
CTR, Inc.
9955 Baldwin Place
El Monte, CA 91731

RE: The tariff classification of gazebos from China.

Dear Ms. Xu:

In your letter dated June 18, 1993, you requested a classification ruling.

Descriptive literature and sample swatches were submitted for two types of gazebos. The first type of gazebo (represented by the white and blue swatch) is composed of a woven polyethylene material with hemmed edges. The polyethylene strips which make up the material are each under 5 millimeters in width. The second type of gazebo (represented by the white and yellow swatch) is composed of a textile material coated on both sides with a visible layer of polyvinyl chloride (PVC). Both types of gazebos will be imported with zinc coated steel frame poles, molded pole joints, straps, stakes and a carry bag.

The applicable subheading for the PVC gazebo will be 3926.90.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the woven polyethylene gazebo will be 6306.22.9030, HTS, which provides for tents of synthetic fibers, other. The rate of duty will be 10 percent ad valorem.

The gazebo composed of woven polyethylene material falls within textile category designation 669. Based upon international textile trade agreements, products of China are subject to a visa requirement and quota restraints.

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.

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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