United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY D86394 - NY D86447 > NY D86408

Previous Ruling Next Ruling


January 21, 1999

CLA-2-63:RR:NC:TA:349 D86408

CATEGORY: CLASSIFICATION

TARIFF NO.:6304.91.0040

Ms. Patricia Brunelle
AEI Customs Brokerage Services
2965 Lone Oak Circle
Eagan, MN 55121

RE: The tariff classification of an umbrella net from China.

Dear Ms. Brunelle:

In your letter dated January 6, 1999 you requested a classification ruling on behalf of Menard Incorporated.

The instant sample is referred to as an umbrella net. The net is made from polyethylene knit fabric. It has a zipper sewn along one side and two hook and loop fasteners. Sewn to the bottom of the net is polyethylene woven fabric hem with a polyvinyl chloride (PVC) tube inserted through it. This net is placed over the top of a patio umbrella to offer protection against outdoor pests such as mosquitos.

The Explanatory Notes to the Harmonized Commodity Description and Coding System, (EN), although not legally binding, are the official interpretation of the tariff at the international level. The EN for heading 63.04 states, in pertinent part, that:

This heading covers furnishing articles of textile materials, other than those of the preceding headings or of heading 94.04, for use in the home, public buildings, theaters, churches, etc., and similar articles used in ships, railway carriages, aircraft, trailer caravans, motor-cars, etc.

These articles include wall hangings and textile furnishings for ceremonies (e.g. weddings or funerals); mosquito nets.... The applicable subheading for the umbrella net 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 8.6 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 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 John Hansen at 212-466-5854.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: