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NY N006377




February 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Jim Yarshen
VP Sales
Blackstone International, LTD
2018 Lord Baltimore Drive
Baltimore, MD 21244

RE: The tariff classification of a gazebo from China

Dear Mr. Yarshen:

In your undated letter that was received in this office on February 6, 2006, you requested a tariff classification ruling. This letter was a follow-up to your letter of Jan. 16, 2007, which we returned to you for a fabric swatch, which you have now supplied.

The item in question is identified as a folding canopy tent, although it has no sides, only a roof; these are generally referred to as gazebos. You state that the fabric is 500-denier polyester nylon. The frame is constructed of powder-coated steel hollow tubing. The tent is collapsible and is stored in a provided polyester nylon carry bag that has plastic and nylon casters for transport. The principal use of this collapsible canopy tent is recreational use. The total weight of the unit is 70 lbs.

The applicable subheading for the folding canopy tent will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tents: of synthetic fibers: Other, other. The rate of duty will be 8.8% 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/.

Subheading 6306.22.9030 falls within textile category 669. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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