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NY C84070





February 25, 1998

CLA-2-63:RR:NC:TA:349 C84070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Ms. Lynn O'Beirn
Four Star International Trading Company
3330 East 79th Street
Cleveland, Ohio 44127

RE: The tariff classification of food umbrella from China.

Dear Ms. O'Beirn:

In your letter dated February 4, 1998 you requested a tariff classification ruling.

Item no. 3456 is an umbrella food cover. The food cover is comprised of a polyethylene 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 9.2 percent ad valorem.

The cover falls within textile category designation 666. 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 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,

Robert B. Swierupski
Director,

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