HRL 083789 affirmed. Screen houses

HQ 084268 July 31, 1989 CLA-2 CO:R:C:G 084268 HP CATEGORY: Classification TARIFF NO.: 6306.22.9000 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