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May 18, 1999

CLA-2-63:RR:NC:TA:352 E82076

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Mr. Richard Zupito
Montgomery International Inc.
223 S. Gov. Printz Blvd
P.O. Box 124
Essington, PA 19029-0124

RE: The tariff classification of tents from China.

Dear Mr. Zupito:

In your letter dated April 30, 1999, on behalf of Budge Industries, you requested a classification ruling. The samples are being returned as requested.

Samples and photographs of item numbers 19726, 11131#2(TN2), 11131#6(TN3) and 17448 were submitted. Also submitted are photographs of item numbers KE-(TN13)15443, 19725(TN12), 22650(TN9), 19723, and 22657. Item number 19726 is a two persons dome shaped tent. The tent is constructed of nylon woven fabric. The stated floor area is 37.92 square feet, a weight of 6.94 pounds, a carry size of 24 inches long by 6.7 inches in diameter and tent height of 47 inches.

Item numbers 11131#2(TN2) and 11131#6(TN3) are dome shaped tents made of nylon woven fabric. They are designed for 3-4 persons and 4-6 persons, respectively. Item number 1113#2(TN2) stated floor area is 56 square feet, a weight of 10.13 pounds and a carry size of 26 inches long by 6.7 inches in diameter and tent height of 50 inches. Item number 11131#6(TN3) stated floor area is 102 square feet, and a weight of 14.64 pounds.

Item number 17448 is a dome shaped canopy-typed sun shelter. It is constructed of polyester woven fabric. The fabric covers the roof and corners. The tent has no sides or floor. It is 71 inches in height. It is designed to provide shade and protection from the sun while sitting at a table.

You requested classifications for numerous other tents as mentioned above. This ruling only applies to the actual samples submitted. If you wish classifications for the other tents, please submit the request along with the actual samples (only 5 items on each request), the fiber content of the materials used, marketing literature and descriptive literature specifying how the tents are marketed and used, explanation of the use of the tents, design specifications including analysis of target purchaser, carry size including diameter and length or if not cylindrical all dimensions and volume in cubic inches, floor area and height of tents.

The applicable subheading for item numbers 19726, 11131#2(TN2), 11131#6(TN3) and 17448 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 9.4 percent ad valorem.

The tents fall 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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