NY 806012

February 15, 1995

CLA-2-44:S:N:N8:230 806012

CATEGORY: Classification

TARIFF NO.: 4418.20.4000; 4418.90.4050; 4418.90.4090;

3916.90.5000; 7308.90.9590; 6303.92.2000;

7615.10.9000; 6303.12.0000

Mr. Raymond F. Sullivan, Jr.

Willkie Farr & Gallagher

Three Lafayette Center

1155 21st Street, NW

Washington, DC 20036-3384

RE: The tariff classification of components for prefabricated

conservatories from the United Kingdom, Indonesia and other

countries

Dear Mr. Sullivan:

In your letter dated January 17, 1995 you requested a tariff

classification ruling. The request was made on behalf of your

clients, Wickes plc and Hartford Conservatories, Inc.

In the above letter a request was made that confidential

treatment be accorded to certain identifying information.

However, in a subsequent letter dated February 3, 1995, the

request for confidential treatment was withdrawn.

A ruling (NY 897374 dated May 27, 1994) was previously

issued on imported kits of two styles of prefabricated

conservatories which contain all the parts except the glass

window panes, floor joists, base frame assembly and finishing

materials. The ruling remains in effect for such imported kits.

A ruling is now being requested on various components of the

conservatories which are to be imported separately from different

countries and then sorted into kits in the United States.

The components to be imported separately include fabricated

hardwood panels, beams and other wooden members. The panels

comprise the walls of the conservatories and are profiled, cut-

to-size, fully fabricated, assembled, bolt-drilled and treated

with a preservative prior to importation. The glass window panes

will be added after importation in the United States. Some of

the panels will be fabricated into french doors and their frames.

The beams and other wooden members are cut-to-size and treated

with a preservative. No other specific information showing their

shape and construction was submitted. Another wood product to be

imported consists of the slanted side portion between the wall

and the roof of one conservatory model. This portion is made of

slats which have ends cut to shape to fit the slant.

The wooden components are stated to be sourced and fully

processed in Indonesia and shipped directly from Indonesia.

However, in one part of your letter, you state that all wooden

components are fully fabricated in Malaysia.

The applicable subheading for the fabricated french doors

and their frames will be 4418.20.4000, Harmonized Tariff Schedule

of the United States Annotated (HTSUSA), which provides for

builders\' joinery and carpentry of wood; doors and their frames

and thresholds; french doors. The duty rate will be 7 percent

ad valorem.

The applicable subheading for the fabricated wall panels

will be 4418.90.4050, HTSUSA, which provides for builders\'

joinery and carpentry of wood; other; prefabricated partitions

and panels for buildings. The duty rate will be 4.7 percent ad

valorem.

The applicable subheading for the side slats cut-to-shape

will be 4418.90.4090, HTSUSA, which provides for builders\'

joinery and carpentry of wood; other; other. The duty rate will

be 4.7 percent ad valorem.

Articles classifiable under subheadings 4418.20.4000,

4418.90.4050, and 4418.90.4090, HTSUSA, which are products of

Indonesia and directly shipped from Indonesia are entitled to

duty free treatment under the Generalized System of Preferences

(GSP) upon compliance with all applicable regulations.

Articles classifiable under subheadings 4418.90.4050 and

4418.90.4090, HTSUSA, which are the products of and shipped

directly from Malaysia are entitled to duty free treatment under

the GSP upon compliance with all applicable regulations. French

doors classifiable in subheading 4418.20.4000, HTSUSA, which are

products of Malaysia are presently excluded from duty free

treatment under GSP.

Your inquiry does not provide enough information for us to

give a tariff classification ruling on the beams and other wooden

members. Your request for a ruling on these products should

include information on their construction, size and shape.

Other components of the conservatories to be imported

separately consist of triple wall polycarbonate roof panels,

steel structural tie rods, metal rafter plates, steel angle

center plates, ceiling panel shade assemblies, venetian window

blind assemblies, solar powered ceiling vents and panel bolts.

Your letter states that samples were submitted; however, no

samples were received.

The polycarbonate roof panels are stated to be fabricated in

England. The panels are extruded to shape in large rectangular

sections. The applicable subheading for extruded polycarbonate

roof profiles which have not been further worked will be

3916.90.5000, HTSUSA, which provides for profile shapes, whether

or not surface-worked but not otherwise worked, of other

plastics; other. The duty rate will be 5.8 percent ad valorem.

The steel structural tie rods, the metal rafter plates and

steel angle center plates are used to fix or stabilize the

rafters of the conservatory. You state that these will be

sourced at a later time in the United States; it is assumed that

initial shipments will come from the United Kingdom. The

applicable subheading for the tie rods, rafter plates and center

plates will be 7308.90.9590, HTSUSA, which provides for plates,

rods, angles, shapes, sections, tubes and the like, prepared for

use in structures, of iron or steel; other; other; other. The

duty rate will be 5.1 percent ad valorem.

The ceiling panel shade assemblies are used as interior

ceiling covers to control the amount of sunlight in the

conservatory. They consist of a shade made of 100 percent woven

polyester, an aluminum top roller and an aluminum bottom rod.

You requested classification of the ceiling shade as a complete

unit shipped in a prepackaged kit and classification of the shade

alone and the aluminum parts shipped separately.

The applicable subheading for the ceiling panel shade as a

complete unit and for the shade alone shipped separately from the

aluminum parts will be 6303.92.2000, HTSUSA, which provides for

curtains and interior blinds; other; of synthetic fibers; other.

The duty rate will be 12.6 percent ad valorem.

The applicable subheading for the aluminum roller and rod

shipped separately will be 7615.10.9000, HTSUSA, which provides

for other household articles and parts thereof, of aluminum. The

duty rate will be 3.7 percent ad valorem.

The venetian window blind assembly consists of blinds made

of 100 percent knitted polyester and a base of polyvinyl

chloride. The applicable subheading for the venetian blind will

be 6303.12.0000, HTSUSA, which provides for curtains and interior

blinds; knitted; of synthetic fibers. The duty rate will be 12.6

percent ad valorem.

The woven polyester ceiling panel shade assembly, the woven

polyester ceiling shade shipped separately and the knitted

polyester window blind fall within textile category designation

666\. Based upon international textile trade agreements, products

of certain countries are subject to quota and the requirement of

a visa. As you stated only that the shades will be shipped from

England, the country of origin for these products is not known.

The country of origin of the polyester shades and blinds needs to

be determined prior to importation.

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. 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 internal

issuance of the U.S. Customs Service, which is available for

inspection at your local Customs office.

Your inquiry does not provide enough information to give a

tariff classification ruling for the solar powered ceiling vent

or for the panel bolts. Your request for a classification of the

ceiling vent should include information on whether the unit

contains a blower and if it is activated by an internal

thermostat. Your request for a classification of the bolts

should include samples, descriptive sales literature and should

identify the component material that they are made of. The

country of origin for each should be clearly stated.

This ruling is being issued under the provisions of Section

177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry

documents filed at the time this merchandise is imported. If the

documents have been filed without a copy, this ruling should be

brought to the attention of the Customs officer handling the

transaction.

Sincerely,

Jean F. Maguire

Area Director

New York Seaport