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NY H83158

July 23, 2001

CLA-2-63:RR:NC:N3:351 H83158


TARIFF NO.: 6306.22.9030

Mr. Thomas J. Garibaldi
Schmidt, Pritchard & Co., Inc.
9801 W. Lawrence Ave.
Schiller Park, Il 60176

RE: The tariff classification of tent and chair from China.

Dear Mr. Garibaldi:

In your letter dated June 26, 2001, you requested a ruling on behalf of Ameristep Corp. on tariff classification.

You submitted a sample of the Fieldhouse Pop-Up Waterfowl Blind. It is described in accompanying literature as a backpacking tent. However, since it is designed specifically for the sport of waterfowling and is not designed specifically for the sport of backpacking, classification as a backpacking tent is precluded.

The tent has a spring steel frame that collapses into a 2” deep circle and fits into a round, zippered carrying case approximately 24” in diameter, with a shoulder strap. When opened, the tent has an overall size of 108” long x 88” wide x 19” high. It is composed of 70-denier nylon with see-through nylon mesh and a waterproof floor. It weighs eight pounds.

In addition to the carrying case, the tent also comes with plastic stakes and metal stakes. It also comes with a chair. The chair has a steel frame. The back is made of 600-denier nylon and the seat is made of 420-denier nylon. It weighs four pounds. All of the nylon in the chair and tent, except the floor, has a camouflage print.

The hunter places the seat inside the opened, flat tent and pulls the flaps up around himself; when the prey comes into view and range, the flaps are released, the frame springs opened, and the seated hunter can raise his weapon and fire.

Although the tent has a different style number (817) from the chair (992), the description states, “Both units packaged together in a combo box.” The tent and chair are sold and used as a set. For classification purposes, a set means those goods consisting of at least two different articles which are, prima facie, classifiable in different headings; that consist of products put up together to meet a particular need or carry out a specific activity; and, which are put up in a manner suitable for sale directly to users without repackaging. The tent and chair are sold together and are intended to be so used. We believe that the tent imparts the essential character of this set.

The applicable subheading for the tent and chair set imported as the Fieldhouse Pop-Up Waterfowl Blind will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for tents, of synthetic fibers, other. The general rate of duty will be 9.2 percent ad valorem.

This product falls within textile category designation 669. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa. The entire weight of the set, including all textile and non-textile components, must be reported for quota and visa purposes.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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