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NY L80536




November 12, 2004

CLA-2-63:RR:NC:TA:349 L80536

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Keith Rourk
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a bed mesh canopy from China.

Dear Mr. Rourk:

In your letter dated October 20, 2004 you requested a classification ruling on behalf of Franco Manufacturing Company, Inc..

The merchandise at issue is a bed mesh canopy. The canopy is designed to be hung from a ceiling support and drape over a bed. The body of the canopy is made from 100 percent polyester knit fabric. The knit fabric is decorated with randomly sewn “Hello Kitty” appliqués. Sewn to the top portion of the canopy is a collapsible wire hoop that measures approximately 23-¾ inches in diameter. The wire hoop is covered with the polyester knit fabric. Affixed around the outer portion of the hoop is piece of woven fabric printed with “Hello Kitty”. The canopy has a drawstring closure at the top. This drawstring is also used to attach the canopy to a ceiling support. The hem along the bottom is finished with same woven fabric as the hoop. The canopy measures approximately 90 inches in length and 240 inches in width. The canopy is similar in design and construction to a mosquito net

The applicable subheading for the canopy 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 5.8 percent ad valorem.

The bed canopy falls within textile category designation 666. Based upon international textile trade agreements products of China are not subject to quota or visa requirements. .

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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