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NY N019510




November 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9010

Andy S. Wood
Family Dollar Services
P.O. Box 1017
Charlotte, NC 28201

RE: The tariff classification of a screen house from China

Dear Mr. Wood:

In your letter dated Nov. 5, 2007, you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

You submitted a sample of style number CF21088, which you refer to as a Portable Outdoor Gazebo. It is 10-foot square at the base, sloping to a 7.9-foot square top, with a peaked roof. It contains a frame of tubular steel poles and plastic connectors. The four sides are made of an open-work warp knit fabric. It is this screening that imparts the essential character to this tent.

The roof is polyethylene fabric that is woven of textile strips that do not exceed 5mm in apparent width. You state that this woven fabric has been coated on both sides; however, the coating is not visible to the naked eye. Consequently, pursuant to Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States (HTSUS), this fabric is not considered a plastic product of Chapter 39, as you suggest in your letter.

The applicable subheading for the screen house will be 6306.22.9010, HTSUS, which provides for Tents: Of synthetic fibers: Other, Screen house. The general 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/.

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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