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NY A86086





August 22, 1996

CLA-2-63:RR:NC:TP:349 A86086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Rolando Portal
Pronto Cargo Corp.
P.O. Box 52-3113
Miami, Florida 33152-3113

RE: The tariff classification of the food umbrella made in Hong Kong.

Dear Mr. Portal:

In your letter dated August 1, 1996 you requested a tariff classification ruling.

The submitted sample is an umbrella food cover. The cover is comprised of nylon knit fabric, four metal umbrella-type ribs and a plastic top with a locking pin and pull cord. The article resembles an umbrella when opened and is designed to protect food at picnics, parties and cookouts from flies and other insect pests. The nylon knit fabric, which is the material forming the protective surface of the food umbrella, constitutes the most distinctive characteristic of the article.

The applicable subheading for the food cover will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), 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 10.4 percent ad valorem.

The food umbrella falls within textile category designation 666. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of an export license.

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. 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 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 212-466-5854.

Sincerely,

Roger J. Silvestri
Director

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