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NY 818829

February 14,1996

CLA-2-63:RR:NC:TP:456 818829


TARIFF NO.: 6306.22.9030

Mr. Dennis Heck
Tower Group International
2400 Marine Avenue
Redondo Beach, CA 90278-1103

RE: The tariff classification of tents from Korea and China

Dear Mr. Heck:

In your letter dated January 30, 1996, you requested a classification ruling on behalf of your client, American Recreation Products, Inc. of New Haven, MO.

You describe the prospective importation, the Kelty Quattro 4, as an octagonal domed, floored tent constructed of nylon fabric that sleeps up to 4 backpackers. When opened, the tent has a floor area of 61.2 square feet, an internal height of 58 inches and an actual carrying weight of 14 lbs. 2 ounces. You indicate that this tent meets all of the measurement requirements of T.D. 86-163, but slightly exceeds the weight criteria. You also indicate that, in Rulings 086091, 086076 and 951263, Headquarters determined that, although the merchandise therein failed to meet all of the criteria set forth in T.D. 86-163, they were designed as backpacking tents and classified as such. You propose classification in item 6306.22.1000 Harmonized Tariff Schedule of the United States (HTS), under the provision for backpacking tents.

The Kelty 1996 Brochure describes the Quattro 4 and other Quattro and Domolite models for backpacking and camping. The Quattro 4 sample you submit weighs 13 lbs. 15 ounces with its carrying case and is 16% above the 12 lb. maximum weight criteria of T.D. 86-163. We believe these to be significant factors in the classification of this merchandise.

The applicable subheading for the Kelty Quattro 4 will be 6306.22.9030, HTS which provides for Tents: Of synthetic fibers: Other, Other. The duty rate will be 9.8 percent ad valorem.

The Kelty Quattro 4 falls within textile category designation 669. Based upon international textile trade agreements products of Korea and 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 V. Gualario at 212-466-5886.

The sample is being returned to you as requested.


Roger J. Silvestri

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