NY 886909
JUNE 16 1993

CLA-2-63:S:N:N6:345 886909

Mr. Paul Hsieh
Life Gear, Inc.
300 Round Hill Drive
Rockaway Township, NJ 07888

RE: The tariff classification of a Gazebo from China.

Dear Mr. Hsieh:

In your letter dated June 2, l993, you requested a classification ruling.

The submitted samples consist of fabric swatches, and a photo of the gazebo. The fabric swatches are constructed of woven polyethylene milky white strips. There is a clear plastic coating on both sides of the swatches with colored stripes printed on one side. The fabric is considered textile for tariff purposes. The fabric covers the roof and corners, there are no sides or floor. It is supported by a metal frame. Ground stakes and bag are included. The gazebo is used outdoors to provide shade. The applicable subheading for the gazebo will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides tents,of synthetic fibers, other. The rate of duty will be 10 percent ad valorem.

The gazebo falls within textile category designation 669. Based upon international textile trade agreements, products of China are subject to quota and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which 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 your 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport