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NY B84743





May 14, 1997

CLA-2-63:RR:NC:TA:349 B84743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Martin Cann
Keanall Industries Inc.
7361 Pacific Circle
Mississauga, Ontario Canada L5T 1X1

RE: The tariff classification of food umbrella from Taiwan.

Dear Mr. Cann:

In your letter dated April 22, 1997 you requested a tariff classification ruling on behalf Testrite International Company Limited.

The submitted sample is an umbrella food cover. It is comprised of a polypropylene 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 umbrella 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 duty rate will be 9.8 percent ad valorem.

The cover falls within textile category designation 666. Based upon international textile trade agreements products of Taiwan 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 CFR 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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