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NY D80029


July 20, 1998

CLA-2-63:RR:NC:TA:352 D80029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9010

Mr. James C. McKelvey

Jinwoong, Inc., USA

3333 Yale Way

Fremont, CA 94538

RE: The tariff classification of screen house with detachable inner tent from China.

Dear McKelvey:

In your letter dated July 13, 1998 you requested a tariff classification ruling.

The submitted literature illustrates a screen house, identified as style no. WMP 1212. This item measures 12 feet by 12 feet at its base and rises to a height of 84 inches. The screen house is constructed with a roof composed of polyester woven fabric which has been coated on one side with a plastic material. All four walls are manufactured from warp knit open work fabric. The open work knit fabric can be characterized as a screen mesh with rectangular openings of approximately 1.5 millimeters and is designed as insect screening. The textile components of this product are supported by fiberglass poles which are inserted into sleeves along the edges of the wall and roof. This product is also designed to be converted into a structure that is resistant to the elements and affords more privacy by the installation of an inner tent. This conversion kit is a detachable inner tent designed to be hung inside the screen house structure from plastic hooks. The inner walls which cover the screen portion are manufactured from the same fabric that is employed on the roof of the screen house (polyester taffeta coated on one side with a plastic polymer). The floor of the inner tent is constructed of polyethylene sheeting which is made by weaving textile strips of polyethylene into and fabric and coating both sides with a visible layer of plastic.

The construction of the floor makes it a material of chapter 39 based on Note 2 to Chapter 59. The polyester taffeta is considered a textile material based on the same note. The knit mesh is also a textile material. Based on the surface area that the textile covers, the relative costs of the various components and the function of the component materials the essential character of this item is imparted by the textile fabrics.

Since the screen house portion of this product is the part which allows the tent to be constructed since it provides the mechanism for insertion of the supporting poles and the fact that the screen house must always be erected while the inner tent is an optional feature, it is clear to us that the principal use of this product is as a screen house.

The applicable subheading for the screen house designated as style no. WMP 1212 will be 6306.22.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for tents, of synthetic fibers, other, screen houses. The rate of duty will be 9.5 percent ad valorem.

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,


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