CLA-2-63:RR:NC:TA:352 F82163

Mr. John Mattson
Lynx International, Inc.
1942 Shawnee Road
Eagan, Minnesota 55122

RE: The tariff classification of a gazebo, screen houses and tents from China.

Dear Mr. Mattson:

In your letter dated January 12, 2000, on behalf of Damark International, you requested a classification ruling.

The submitted swatches are representative samples of the materials used for the manufacture of a tent, model number 7210-208-00, a gazebo, model number 7210-212-00, screen houses model numbers 7210-213-00 and 7210-216-00 and a tent, model number 7210-217-00. Also submitted was literature depicting the gazebo, screen houses and tents. Model number 7210-208-00 is a tent. The swatch for this tent is constructed of a plain milky white woven polyethylene sheeting material. The sheeting material is constructed of woven polyethylene strips that measure less than 5 mm in width. This fabric is visibly coated on both sides with plastic. This product is considered a plastic material. The sheeting material will cover the roof and walls. There is no floor. It features clear PVC windows and two open doors, one in the back and one in the front. Steel poles support it.

Model number 7210-212-00 is a gazebo. Two swatches were submitted for the manufacturing of this gazebo. One is made of plain-woven polyethylene textile strips that measure less than 5 mm in width. This fabric is visibly coated on both sides with plastic. This product is considered plastic material. This sheeting material will cover the roof. The other swatch is made of woven polyethylene textile strip fabric with a stripe pattern. This fabric has been coated on both sides with a clear coating of plastic, which is not visible to the naked eye. The woven polyethylene textile strip fabric with the stripe pattern covers the corners. There are no sides or floor. Steel poles support it.

Model number 7210-213-00 is a screen house. Three swatches were submitted for the manufacturing of this screen house. One swatch for this screen house is constructed of plain-woven polyethylene textile strips that measure less than 5 mm in width. This fabric is visibly coated on both sides with plastic. This product is considered plastic material. This sheeting material will cover the roof. The second swatch is constructed of open work knit fabric and the third is made of woven polyethylene textile strip fabric with a stripe pattern. This fabric has been coated on both sides with a clear coating of plastic material, which is not visible to the naked eye. The open work knit fabric forms the walls and the polyethylene fabric with the stripe pattern covers the corners and forms the bottom edges. There is no floor. Steel poles support it.

Model number 7210-216-00 is a screen house. Three swatches were submitted for the manufacturing of this screen house. One swatch for this screen house is made of plain-woven polyethylene textile strips, which measure, less than 5 mm in width. This fabric is visibly coated on both sides with plastic. This product is considered plastic material. This sheeting material will cover the roof. The other two swatches are for the walls. One swatch is constructed of open work knit fabric and the other is a woven polyethylene textile strip fabric with a stripe pattern. These strips measures less than 5 mm in width and the fabric has been coated on both sides with a clear application of plastic. The clear coating is not considered to be visible to the naked eye. These two fabrics are sewn together to form the walls and bottom edges. There is no floor. Steel poles support it.

Model number 7210-217-00 is a tent. Two swatches were submitted for the manufacturing of this tent. One swatch is made of plain-woven polyethylene textile strips, which measure less than 5 mm in width. This fabric is visibly coated on both sides with plastic. This product is considered plastic material. This sheeting material will cover the roof. The other swatch is constructed of a woven polyethylene textile strip fabric with a stripe pattern. These strips measures less than 5 mm in width and the fabric has been coated on both sides with a clear application of plastic. The clear coating is not considered to be visible to the naked eye. This fabric forms the walls. It features three walls with the fourth side open. The three walls feature clear PVC windows. There is no floor. Steel poles support it.

The applicable subheading for model numbers 7210.208.00 and 7210-212-00 will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for model numbers 7210-213-00 and 712-216-00 will be 6306.22.9010, HTS, which provides for tents: Of synthetic fibers: Other, screen houses. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for model number 7210-217-00 will be 6306.22.9030, HTS, which provides for tents: Of synthetic fiber: Other, other. The duty rate will be 9.3 percent ad valorem.

Model number 7210-217-00 falls within textile category designation 669. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division