CLA-2:CO:R:C:G 085331 SR
Mr. Fred Goris
Fisher-Price
636 Girard Avenue
East Aurora, New York 14052-1885
RE: Tent carrying bag
Dear Mr. Goris:
This is in reference to your letter dated August 2, 1989,
requesting the tariff classification of a tent carrying bag under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample produced in Mexico was submitted.
FACTS:
The merchandise at issue is a tent carrying bag. It is
imported with and contains an infant cabana. The bag is
approximately 3 1/2 feet long and 10 inches wide. It has an 18
inch carrying strap that runs up the middle of the bag and an 11
inch pocket with a velcro closure on the inside of the bag near
the opening of the bag. The opening of the bag has a draw string
closure.
ISSUE:
Whether the tent bag at issue is classifiable as a part of
the infant cabana.
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order. GRI 5(a)
-2-
provides the following:
Camera cases, musical instrument cases, gun cases, drawing
instrument cases, necklace cases and similar containers,
specially shaped or fitted to contain a specific article or
set of articles, suitable for long-term use and entered
with the articles for which they are intended, shall be
classified with such articles when of a kind normally sold
therewith. This rule does not, however, apply to
containers which give the whole its essential character.
The tent bag at issue fits in this category of goods. The tent
bag is specially shaped to fit the infant cabana. It is a long
narrow bag and has a pocket on the inside of the bag which would
serve to hold tent parts such as stakes. The bag is an unusual
shape and size so it is obviously designed to fit a certain
product. The bag is not classified separately; it is
classifiable as part of the infant cabana.
HOLDING:
The tent bag at issue is classifiable as part of the infant
cabana under subheading 6306.22.9000, HTSUSA, which provides for
tents of synthetic fibers, other. The textile category number is
669, and the rate of duty is 10 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference