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NY L89650




January 19, 2006

CLA-2-63:RR:NC:N3:349 L89650

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.91.0040

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

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

Dear Mr. Maher:

In your letter dated December 19, 2005 you requested a classification ruling on behalf of Roseart Industries.

The submitted sample, identified as style #5690 “Light Up Butterfly Canopy”, is a bed canopy. The canopy is designed to hang from a ceiling support and drape over a bed. The body of the canopy is made from knit man made fiber fabric. Sewn to the top portion of the canopy is a pop open metal ring that measures approximately 18 inches in diameter. Sewn onto the ring are three pieces of textile ribbon used to hang the canopy to a ceiling support. A small plastic butterfly with a battery powered lighting effect is attached to the top center of the canopy. The item also includes stickers and plastic butterfly pins used to decorate the body of the canopy. The canopy is similar in design and construction to a mosquito net.

The applicable subheading for the bed canopy will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The bed canopy falls within textile category designation 666. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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