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NY H83598




August 2, 2001

CLA-2-63:RR:NC:N3:351 H83598

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030, 6307.90.9989

Ms. Donna M. Mullins
Vice-President - Customs Brokerage
ATE Logistics Co., Inc.
510 Plaza Dr. So., Suite 2290
Atlanta, GA 30349

RE: The tariff classification of deer stand covers and canopy from China.

Dear Ms. Mullins:

In your letter dated July 16, 2001, you requested a ruling on behalf of StrongBuilt Inc., on tariff classification.

You submitted a brochure of deer stand covers and accessories. In it were featured the TC Tripod Cover, MTC Magnum Tripod Cover, and the CCCVR Camouflage Canopy Cover. You also sent a sample of the woven fabric from which these products will be made; it is 65% polyester and 35% cotton.

The TC and MTC are textile panels which you state are shaped specifically to snap to the tripod and seat of the deer stand to create a cover shield to prevent the hunter from being seen by the prey, a sort of hunter’s blind. You state that the covers will be sold as accessories for the deer stands. The importer has stated in response to your questionnaire that the covers act as sides for the stand.

You state your belief that these are classifiable in subheading 9401.79.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for seats (other than those of Heading 9402), whether or not convertible into beds, and parts thereof: other seats, with metal frames: other, outdoor: with textile covered cushions or textile seating or backing material: other. However, these covers are not cut to size to fit the seats themselves and thus cannot be classified as parts of furniture in chapter 94, HTS.

The applicable subheading for the deer stand covers TC and MTC will be 6307.90.9989, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

The CCCVR serves as a roof for the deer stands; you state that it is sold with the tripod and cover or it may be sold separately. It does not affix directly to the cover, but sits well above it, or it may be used separately. You also state your belief that the canopy, CCCVR, is classifiable in chapter 94, HTS. However, the same exclusionary reasoning applies here. The applicable subheading for the canopy cover will be 6306.22.9030, HTS, which provides for tents: of synthetic fibers: other: other. The general rate of duty will be 9.2 percent ad valorem.

The canopy cover CCCVR falls within textile category designation 669. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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