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NY H89611

March 25, 2002

CLA-2-63:RR:NC:N3:351 H89611


TARIFF NO.: 6306.22.1000, 6307.90.9889, 6306.99.0000

Mr. Ryan Gellert
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of tents, tent a vestibule, and a ground cloth.

Dear Mr. Gellert:

In your letter dated March 14, 2002, you requested a ruling on tariff classification.

You submitted four samples, which will be returned to you under separate cover. You have stated that they are currently made in the U.S.A., but will be manufactured “offshore”; however, you have not stated in what country or countries.

The first sample is item BD 810204, Tripod Bivy. It is described in the accompanying catalog as a one-person bivy sack, 90” (or 96” for the larger version) x 35”, with a height of 25”, made to accommodate a sleeping bag. It weighs 2 lbs., 4 oz. (2 lbs. 6 oz. for the larger version) and packs down to 5” x 15”. It has small poles that create a raised frame at the head and feet. The description says it fits easily into a backpack.

The second sample is item BD 810207, Hooped Bivy Sack. It is 90” (or 95” for the larger version) x 35”. It weighs 22 oz. (or 25 for the larger). The packed size is not given, but it appears to be even smaller than the Tripod Bivy. It has a wire-rod hoop frame. The description says it is designed for, among others, backpackers.

Both tents are made of nylon coated with a thin film of Teflon® on the exterior, with an inner surface of polyester. Our examination has determined that this fabric meets the tariff definition of textile. Both tents meet the Customs definition of backpacking tents.

The third sample is item BD810005, Ahwahnee II Ground Cloth. It is made of nylon and has grommets at the corners and short lengths of stretch cord to attach to ground stakes; it may also be used as a tarpaulin.

The fourth sample is item BD810007, Ahwahnee II Vestibule. It is a tent-like structure that clips on to a tent to add 13 sq. ft. of storage room. It does not add to the living space of the tent. It is made of nylon.

The applicable subheading for item BD 810204, Tripod Bivy, and item BD 810207, Hooped Bivy Sack will be 6306.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for tents: Of synthetic fibers: Backpacking tents. The general rate of duty will be 0.9 percent ad valorem.

The applicable subheading for item BD810005, Ahwahnee II Ground Cloth, will be 6306.99.0000, HTS, which provides for camping goods: Other: Of other textile materials. The general rate of duty will be 5.4 percent ad valorem.

The applicable subheading for item BD810007, Ahwahnee II Vestibule, will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven 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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