The tariff classification of an umbrella food cover from China.

NY I83612 July 31, 2002 CLA-2-63:RR:NC:TA:349 I83612 CATEGORY: Classification TARIFF NO.: 6304.91.0040 Ms. Alice Liu ATICO International USA, Inc. 501 South Andrews Avenue Ft. Lauderdale, FL 33301 RE: The tariff classification of an umbrella food cover from China. Dear Ms. Liu: In your letter dated June 3, 2002 you requested a classification ruling. You submitted a sample of an umbrella food cover item H50A0002. The cover is comprised of nylon knit fabric, five metal umbrella-type ribs and a plastic top with a locking pin and pull cord. The instant cover is stated to measure 29 x 29 inches. You indicate that another version of the cover will measure 16 x 16 inches (item H50A0003). The article resembles an umbrella when opened and is designed to protect food at picnics, parties and cookouts from flies and other insect pests. The nylon knit fabric, which is the material forming the protective surface of the food umbrella, constitutes the most distinctive characteristic of the article. As requested the sample is being returned. The applicable subheading for the food cover will be 6304.91.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: knitted or crocheted... of man-made fibers. The rate of duty will be 6.9 percent ad valorem. The umbrella food cover falls within textile category designation 666. Based upon international textile trade agreements products of China are subject not to quota or visa requirements. 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 John Hansen at 646-733-3043. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division