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NY A88120




October 16, 1996

CLA-2-63:RR:NC:TA:351 A88120

CATEGORY: CLASSIFICATION

TARIFF NO.: 5608.19.2090

Ms. Cari Rock
William H. Campbell Company
911 Western Avenue
Seattle, Washington 98104

RE: The tariff classification of a food umbrella from China.

Dear Ms. Rock:

In your letter dated September 25, 1996 you requested a classification ruling on behalf of Nordic Products Inc.

The submitted sample is an umbrella food cover. The cover is comprised of a polyethylene net 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 insects. The polyethylene net fabric, which is the material forming the protective surface of the food umbrella, constitutes the most distinctive characteristic of the article. It is not knitted, but is of net construction.

The applicable subheading for the food cover will be 5608.19.2090 Harmonized Tariff Schedule of the United States (HTS), which provides for made up fishing nets and other made up nets, of textile materials; of man-made textile materials; other; other; other. The rate of duty will be 9 percent ad valorem.

The food umbrella falls within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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