HQ 081624: Screen house

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081624

                                  October 18, 1989



          CLA-2:CO:R:C:G  081624  SR

          CATEGORY:  Classification

          TARIFF NO.:  6306.22.90

          Mr. R.I. Hasson
          Alba Forwarding Co., Inc.
          One World Trade Center
          Suite 4771
          New York, NY 10048

          Re:  Screen house

          Dear Mr. Hasson:

               This is in reference to your letter dated December 10, 1987,
          requesting the tariff classification of a screen house under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  The country of origin was not provided.

          FACTS:

               The merchandise at issue is a screen house.  The screen
          house is composed of polyethylene plastic top and floor apron,
          and polypropylene screen mesh walls.  Included with the screen
          house is a storage bag, metal frame and a center pole.

          ISSUE:

               What is the classification of the screen house under the
          HTSUSA?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.  



















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               Heading 6306, HTSUSA, provides for tents.  The Explanatory
          Notes to the HTSUSA constitute the official interpretation of the
          tariff at the international level.  The Explanatory Notes to
          heading 6306, HTSUSA, define tents as follows:

               Tents are shelters made of lightweight to fairly heavy
               fabrics of man-made fibres, cotton or blended textile
               materials, whether or not coated, covered or laminated, or
               of canvas.  They usually have a single or double roof and
               sides or walls (single or double), which permit the
               formation of an enclosure.  The heading covers tents of
               various sizes and shapes, e.g., marquees and tents for
               military, camping (including backpack tents), circus, beach
               use.  They are classified in this heading, whether or not
               they are presented complete with their tent poles, tent
               pegs, guy ropes or other accessories.

          The definition of a tent in the Explanatory Notes is very broad
          and includes a wide variety of structures.  The screen house at
          issue would be considered a tent under the definition provided.

               Note 1 to chapter 63, HTSUSA, states that heading 6306
          applies only to made up articles of textile fabrics.  The screen
          house consists of three components; the coated polyethylene
          plastic that makes up the roof, the polyethylene screening that
          is considered a textile, and the metal poles.  However, the
          merchandise at issue is provided for eo nomine in this chapter.
          The fact that the article has other components as well as textile
          should not preclude its classification under GRI 1, in heading
          6306, HTSUSA, if its essential character is imparted by the
          textile component.  In determining the essential character under
          GRI 3(b), the factors to be considered include the nature of the
          material or component, its bulk, quantity, weight or value, and
          the role of each constituent material in relation to the use of
          the goods.

               It is clear that the tent poles do not give the screen house
          its essential character.  The Explanatory Notes to heading 6306,
          HTSUSA, state that items are classified under heading 6306
          whether or not they are presented complete with their poles.
          However, if the essential character is imparted by the
          polyethylene roof, the screen house and its poles would be




















                                         -3-

          classifiable as a component good under subheading 3926.90.9050,
          HTSUSA, as other articles of plastics (there is no provision for
          plastic tents).  If the essential character is imparted by the
          textile screening material, it is classifiable under subheading
          6306.22.90, HTSUSA, as tents of synthetic fibers, other.

               In determining the essential character, no information was
          provided but is probable that the plastic weighs more than the
          screening material, and the screening material covers more
          surface area.  The plastic roof functions to provide shade and to
          protect against rain, the screening keeps out insects.  Since
          neither the textile not the plastic imparts the essential
          character, GRI 3(c) must be used to classify the item under the
          proper subheading.  Under GRI 3(c), goods are classified under
          the heading which occurs last in numerical order among those
          which equally merit consideration.  The headings which equally
          merit consideration are 3926.90.9050, and 6306.22.9000, HTSUSA.

           HOLDING:

               The screen house is classifiable under subheading
          6306.22.90, HTSUSA, which provides for tents, of synthetic
          fibers, other.  The rate of duty is 10 percent, the textile
          category number is 669.

               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 importation of this merchandise to
          determine the current status of any import restraints or
          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 issuance






















                                         -4-

          of the U.S. Customs Service, which is updated weekly and is
          available at your local Customs office.


                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division





















































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference