CLA-2-63:OT:RR:NC:N3:351
Katie Flanigan
Gallagher Transport Int’l, Inc.
4700 Oakland St., Suite 140
Denver, CO 80239
RE: The tariff classification of exterior sun shades from China
Dear Ms. Flanigan:
In your letter dated March 15, 2013, you requested a tariff classification ruling on behalf of your client, Keystone Sales Group, of Erie, Colorado.
The sun shades are manufactured and sold to be used in exterior settings. They come in four models: Silver Series, Diamond Plus, Titanium Plus, and Elite Plus. They are attached either to a metal mounting bracket or a metal valance that is to be attached to a wall or ceiling. Silver and Diamond have cord deployment systems, while Titanium has a crank system and Elite has a motor deployment system. They all feature an eight-foot drop and may be purchased in 4-, 6-, 8-, or 10-foot widths.
While you state that they may be used indoors, advertising and sales literature, as well as the company’s website (www.keystonefabrics.com) show them permanently attached to porches, balconies, backyard trellises, porch overhangs, pergolas, and similar exterior structures. They feature a wind-resistance tie-down feature, further indicating outdoor use.
You submitted samples of fabric swatches for the sun shades. Pebble Beach, Monterey, and Cabo Sand are woven of textile strips; Caribbean, Tropic, Maui, Kona are woven of hollow-filament yarns. All are considered textile fabrics for tariff purposes.
The applicable subheading for the exterior sun shades imported with mounting hardware and roll-up mechanisms, will be 6306.12.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tarpaulins, awnings, and sunblinds, of synthetic fibers. The 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/.
The fabric samples will be retained in our official case file.
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,
Thomas J. Russo
Director
National Commodity Specialist Division