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NY H86934

January 31, 2002

CLA-2-63:RR:NC:N3:351 H86934


TARIFF NO.: 6306.22.1000

Mr. James C. McKelvey
Senior Vice President & CFO
North Pole USA
3333 Yale Way
Fremont, CA 94538-6169

RE: The tariff classification of backpacking tents from China.

Dear Mr. McKelvey:

In your letter dated December 6, 2001, you requested a ruling on tariff classification.

You submitted literature on five tents, models D8070 (full rain fly), 80-78-30 (Streamside II, partial rain fly), 81-19-00 (Lake Country III, partial rain fly), and 79234 (Sport Dome, partial rain fly), all 3-4 person tents, and 80-78-31 (Daypacker II, built-in rain fly), a 1-2 person tent. Your letter states that you would also include a representative sample, but in a telephone conversation with National Import Specialist Mitchel Bayer, your representative, Michael Roybal, of Ernst & Young, stated that no samples would be sent unless we specifically requested them. Instead, we requested a sample of the fabric from which the tents are made; we have received that sample.

The literature and spec sheets show all five to be dome tents, rectangular in shape at the base, with exterior pole frames that criss-cross at the top from each corner. They are all made of coated polyester, which you call poly titanium. The fabric is coated on side, which we assume to be the outer surface of the tent. This fabric meets the tariff definition of textile fabric.

The floor of each tent is made of polyethylene sheet. The tents have mesh inserts for ventilation; these can be covered from the inside and secured with Velcroâ„¢ hook-and-loop fasteners. The tents have either built-in or partial rain flies of coated polyester. The tents are considered to be textile articles. Each tent comes with a pole bag, a peg bag, and a carry bag with handles.

All of the tents fit within the fabric, size, and weight guidelines for backpacking tents enumerated in T.D. 86-163. In addition, it is clear from the literature and packaging that these tents have been specially designed for the sport of backpacking.

The applicable subheading for this product will be 6306.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: Tents: Of synthetic fibers: Backpacking tents. The general rate of duty will be 0.9 percent ad valorem.

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 646-733-3102.


Robert B. Swierupski

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