CLA-2 CO:R:C:G 084268 HP
Mr. Dale O. Torrence
Law Offices of George R. Tuttle
1331 Pennsylvania Avenue, N.W.
Suite 1200F
Washington, DC 20004
RE: HRL 083789 affirmed. Screen houses
Dear Mr. Torrence:
This is in reply to your letter of April 20, 1989,
requesting reconsideration of HRL 083789 SR of March 31, 1989.
Reference your file number 1468.
FACTS:
In a letter dated March 31, 1989 (HRL 083789), we issued you
a ruling letter with respect to the tariff classification of
screenhouses, either 9 feet by 12 feet, or 10 feet square, with
roofs of nonwoven polyethylene strips covered on both sides with
a visible plastics coating, and side walls composed of
polyethylene screening. Steel poles and stakes were included
with the screenhouse.
LAW AND ANALYSIS:
In the ruling letter, we concluded that neither the side
screening, nor the nonwoven roof, imparted the essential
character of the screenhouse under General Rule of Interpretation
3(b). We also concluded that the poles and stakes were not to be
taken into consideration in determining essential character, per
the Explanatory Note to heading 6306, the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). We therefore
classified the merchandise according GRI 3(c), under subheading
6306.22.9000, HTSUSA, as tents, of synthetic fibers, other.
HOLDING:
It is our opinion that the analysis and conclusion in HRL
083789 was correct. HRL 083789 of March 31, 1989 is hereby
affirmed. Therefore, the merchandise remains classified under
subheading 6306.22.9000, HTSUSA, textile category 669, as tents,
of synthetic fibers, other. The applicable rate of duty remains
10 percent ad valorem.
It has come to our attention that legislation currently
before the Congress of the United States may, if enacted, have an
impact upon classification of merchandise of this type. You may
wish to research this possibility for future imports.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division