CLA-2-63:RR:NC:TA:352 C88763
Mr. James C. McKelvey
Jinwoong, Inc., USA
3333 Yale Way
Fremont, CA 94538
RE: The tariff classification of greenhouse made with a metal tubing frame
and with walls and roof made of woven fabric from China.
Dear Mr. McKelvey:
In your letter dated June 4, 1998 you requested a classification ruling.
The sample is being returned to you as requested.
The submitted sample, style #GL101, is a greenhouse which is constructed
with a metal tubular frame and a covering of fabric produced by weaving
polyethylene strip and coating both sides with a clear coating, covering or
lamination of polyethylene. The strips from which the covering material for the
greenhouse is produced measure approximately 2 millimeters in width. The
dimensions of these strips meet the requirements to be considered textile
strips. The greenhouses are available in four sizes measuring at their base
either 6' X 10', 9' X 10', 10' X 12' or 10' X 15'. The metal frame is assembled
by use of plastic joints and comes equipped with metal fittings which facilitate
the attachment of shelves to the frame. The green house covering is sewn from
panels of the fabric described above and features roll back front door and a
roll down window. The fabric covering of this green house is attached to the
frame by means of hook and loop closures. The green house is packed in a
specially designed textile carrying bag.
The clear coating, covering or lamination of polyethylene that has been
applied to both sides of the woven fabric that is used to manufacture this
greenhouse does not transform the fabric into a plastic material. Note 2 to
Chapter 59, Harmonized Tariff Schedule of the United States,(HTS), defines the
scope of heading 5903, under which textile fabrics which are coated, covered,
impregnated, or laminated with plastics are classifiable and defines in part the
treatment of textile fabric combined with plastics. Note 2 states in part that
heading 5903, HTS, applies to:
(A) Textile fabrics, impregnated, coated, covered or
laminated with plastics, whatever the weight per square meter and whatever
the nature of the plastics material (compact or cellular), other than:
(1) Fabrics in which the impregnation coating or
covering cannot be seen with the naked eye (usually
chapter 50 to 55, 58 or 60); for the purpose of this
provision, no account should be taken of any resulting
change in color;
(3) Products in which in which the textile fabric is either completely
imbedded in plastics or entirely coated or covered on both sides with such
material, provided such coating or covering can be seen with the naked eye with
no account being taken of any resulting change in color (chapter 39).
Since the clear plastic coating or lamination of the polyethylene woven panels
that form the greenhouse covering is not visible to the naked eye, the fabric
would not be considered coated for the purposes of classification in heading
5903, HTS, nor would it be considered a plastic material. Therefore the
covering of this green house would be considered a made up article of textile
woven fabric.
Your correspondence suggests that you believe that this product is
classifiable as a prefabricated building in subheading 9406.00.8090, HTS. We
cannot agree with this contention. Although the Explanatory Notes to heading
9406 do mention certain greenhouses as within the scope of that heading, the
notes go on to specify certain design features which characterized a
prefabricated building. The greenhouses before us for consideration do not
share these characteristics and is not the type of construction described in the
Explanatory Notes. Therefore this product is not of a type that falls within
the scope of heading 9406, HTS.
Your letter also indicates that you believe that the provision for
machinery, equipment and implements to be used for agricultural or horticultural
purposes in subheading 9817.00.5000, HTS, may apply to the greenhouse you
contemplate importing. Chapter 98, Subchapter XVII, U.S. Note 2(e) provides:
2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply
to:
(e) articles of textile material.
Since we have determined that the outer covering (the walls and ceiling) for
these greenhouses is a textile material and that this textile material provides
the greenhouse with its essential character, classification in subheading
9817.00.5000, HTS, is precluded by operation of Additional U.S. Note 2(e) to
Subchapter XVII of chapter 98.
The applicable subheading for the greenhouses including their carrying bags
will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS),
which provides for tents, of synthetic fibers, other, other. The duty rate will
be 9.5 percent ad valorem.
This product falls within textile category designation 669. Based upon
international textile trade agreements products of China are subject to quota
and the requirement of a visa.
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. 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
internal issuance of the U.S. Customs Service, which is available for inspection
at your local Customs office.
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 Alan Tytelman at 212-
466-5896.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division