CLA-2-63:R:N3:345 815653

Ms. Carolyn Goding
International Automated Brokers, Inc.
9051 Siempre Viva Rd., Suite J-K
San Diego, CA 92173

RE: The tariff classification of various "Ball Pits" and a "Ball Barrel" from Mexico.

Dear Ms. Goding:

In your letter dated September 20, 1995, on behalf of Creative Designs Industries, San diego, California, you requested a classification ruling. The following samples and descriptive literature were submitted:

1. Item #8-440, "Ball Pit", is made of nylon open-work knit mesh and woven textile fabric. It is a dome-shaped enclosure measuring 48" x 48" x 45" when set up. Three of the panels are comprised of nylon open-work knit mesh fabric. The bottom and remaining panels are constructed of woven textile fabric. It features a zippered opening. After importation into the United States the fiberglass support poles and balls are added.

2. Item #8-543, "Ball Pit Jr" is constructed of nylon open-work knit mesh and woven textile fabric. It consists of a spring metal frame within the fabric that can be coiled into a flat disc shape. When set up, it measures 60" x 36" x 32". After importation into the United States, structural pieces and balls will be added.

3. Item #8-548, "Trampoline Ball Pit", is composed of nylon open-work knit mesh and woven textile panels. The article features a dome shaped top and tie strings along the bottom edges. When set up, it measures 48" x 48" x 49". After importation into the United States, the article will be attached to a molded plastic base and balls will be added.

4. Item #8-542, "Ball Barrel", no sample was received. The literature shows it is cylindrically-shaped and made of nylon mesh and woven textile panels. Each end of the cylinder is made of woven textile fabric with one end showing a zippered opening. It measures 48" x 36" x 36" when set up. After importation into the United States, the articles will be attached to a collapsible spiral coil and balls will be added.

Your Inquiry does not provide enough information for us to give a classification ruling on item #8-545, "Rocking Ball Pit". Your request for classification ruling should include an actual sample or a swatch of the fabric used.

The applicable subheading for item numbers 8-440, 8-543, and 8-548 will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for tents: of synthetic fibers: Other, other. The duty rate will be 9.9 percent ad valorem.

The applicable subheading for item number 8-542 will be 9503.90.0070, HTS, which provides for other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; and accessories thereof: Other, other: Other: Parts and accessories. the duty rate will be free.

Articles classified under subheading 6306.22.9030, HTS, fall within textile category designation 669. At the present time there are no visa or quota restrictions for articles classifiable under subheading 6306.22.9030, HTS, from Mexico. The result of international bilateral agreements are subject to frequent renegotiations and changes. To obtain the most current information available we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at you local Customs office.

This ruling is being issued under the provisions of Section 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 entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5886.

Sincerely,


Roger J. Silvestri
Director
National Commodity
Specialist Division