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NY B88627




September 8, 1997

CLA-2-63:RR:NC:TA:352 B88627

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Ms. Angela Tumbarello
Cyrk, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of textile fabric and plastic sheeting tent with an inflatable frame from China.

Dear Ms. Tumbarello:

In your letter dated July 30, 1997 you requested a classification ruling. The sample is being returned to you as requested.

The submitted sample, designated as "Aero Tent Set", is a general purpose tent enclosure consisting of an inflatable tent, a supporting frame and a textile storage and carrying bag. The walls and ceiling of the tent are constructed of nylon woven fabric and the floor of the tent has been manufactured from polyethylene strip that has been woven into fabric and visibly coated on both sides with plastic. This tent measures 90 inches by 83 inches at its base and has an overall height of 57.7 inches. The tent is supported in part by inflatable pockets distributed throughout the tent body and in part by fiberglass poles which stiffen the structure. The product also includes plastic stakes to anchor it in place and a woven nylon fabric storage and carrying bag. The nylon bag is specially shaped and fitted for this tent and is characterized by an inserted mesh textile panel, a textile drawstring and a textile flap top which is secured by means of a hook and loop fastener. The storage bag measures 38 centimeters x 38 centimeters X 64 centimeters.

For the purposes of the Harmonized Tariff Schedules of the United States the polyethylene flooring is considered a plastic material since the fabric is visibly coated on both sides. The walls and top of the tent are woven textile material. Based on the quantity, value and function of the materials, the essential character of this item is imparted by the textile materials.

The applicable subheading for the tent including all associated components will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for ...tents, of synthetic fibers, other, other. The duty rate will be 9.6 percent ad valorem.

This tent falls within textile category designation 669. 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 Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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