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NY L80221




October 19, 2004

CLA-2-63:RR:NC:N3:351 L80221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Cynthia Del Corto
Import Manager
GeoLogistics Americas Inc.
355 Valley Drive
Brisbane, CA 94014

RE: The tariff classification of a butterfly pavilion from China

Dear Ms. Del Corto:

In your letter dated October 8, 2004, you requested a tariff classification ruling.

The submitted sample is identified as a “Butterfly Pavilion.” It is a habitat enclosure whose principal use is for growing and hatching butterflies from caterpillars. The caterpillars are supplied separately and independently in the U.S.A. after importation. Measuring approximately 24½” high x 14” in diameter, it is cylindrical in shape. The constituent make-up of the habitat is man-made fiber openwork knit fabric walls, a PVC bottom and top with zipper, and a collapsible wire frame covered with a strip of polyester/nylon fabric.

You also sent us samples of Butterfly Garden School Kit and Live Butterfly Garden; they are essentially the same, differing only in size. All contain an instruction booklet and a mail-in certificate for the caterpillars. You also sent a picture of the Port-a-Bug; again, this is a smaller version of the pavilion. It has a carry-bag in which the collapsed pavilion can be carried; the case is classified with the pavilion.

The applicable subheading for the Butterfly Pavilion, the Butterfly Garden School Kit, the Live Butterfly Garden, and the Port-a-Bug (and bag) will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

In your letter, you propose a classification in subheading 5608.19.2090, HTS, which provides, inter alia, for made up nets. However, Customs has ruled that for an article to be classified in heading 5608 as other made up nets, it must be made of a net fabric classified in heading 5804. See, for instance, Headquarters Ruling Letter (HQ) 083020, dated March 27, 1990. In light of the fact that the terms of heading 5804 exclude knitted fabrics, these items, all made of knitted fabric, cannot be classified in heading 5608.

The samples will returned as requested.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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