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June 8, 1999

CLA-2-63:RR:NC:TA:352 E82530

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030; 6303.22.9010

Mr. Floyd Sirico
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a gazebo and a screen house from China.

Dear Mr. Sirico:

In your letter dated May 19, 1999, on behalf of Shakespeare Fishing Tackle, you requested a classification ruling.

The submitted photographs depict a gazebo and a screen house. The gazebo is identified as picture number 1. It is stated to be constructed of polyester woven fabric with PVC backing. The fabric covers the roof and corner borders of the roof. There are no sides or floor. The article will be supported by a metal frame. It is imported in two sizes, 2.5m x 2.5m and 3m x 3m.

The screen house is identified as picture number 2. It is stated to be made of polyester woven fabric with PVC backing. The fabric covers the roof corner borders of the roof and corner borders of the walls as well as the bottom edges. The four walls are constructed of polyester screen mesh fabric which is permanently attached at the top and have a zipper on both sides to allow the mesh fabric to be rolled up. There is no floor. The structure is supported by a metal frame. It is imported in two sizes, 2.5m x 2.5m and 3m x 3m.

The applicable subheading for the gazebo 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 applicable subheading for the screen house will be 6306.22.9010, HTS, which provides for tents: Of synthetic fibers: Other, screen house. The duty rate will be 9.4 percent ad valorem.

The gazebo falls 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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