The tariff classification of a Nethanger from China

NY H80659 May 21, 2001 CLA-2-76:RR:NC:N1:113 H80659 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Ms. Maurine Cecil American Shipping Company, Inc. 400 Oceangate, Suite 1106 Long Beach, CA 90802 RE: The tariff classification of a Nethanger from China Dear Ms. Cecil: In your letter dated April 20, 2001, on behalf of TSR, you requested a tariff classification ruling. The sample you provided is the TSR Nethanger. The item, designed for travelers, allows them to sleep under a full sized mosquito net in any situation. The importation consists of aluminum tubing of American origin. One pipe is bent and has an elastic cord inserted while still in the U.S. The tubing is sent to China where a black connector is attached along with a piece of steel wire, plastic screws and printed assembly instructions. The goods are then returned to the U.S. in a nylon bag. After importation, the parts will be combined with nylon mosquito netting. Your inquiry also requests a ruling on the applicability of heading 9802, HTS, to the importation. The applicable subheading for the product as imported will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, other. The duty rate will be 2.5 percent ad valorem. Your inquiry does not provide enough information for us to give a ruling on the applicability of heading 9802, HTS. Subheading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of U.S. fabricated components which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting. The provision levies a duty upon the full value of the imported item, less the costs or value of the components which are products of the United States, at the same rate that would apply to the imported article were it not subject to subheading 9802.00.80, HTS. Details as to the exact processes performed on the articles in China would be necessary to making such a determination. Your request for a classification ruling should also include details of any processes performed in the United States after re-importation. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division