CLA-2-63:RR:NC:TA:352 C88764
Mr. Walter Price
Outdoor Innovations, Ltd.
150 North Sunway Drive
Gilbert, AZ 85233
RE: The tariff classification of pop-up tents from China.
Dear Mr. Price:
In your letter dated June 4, 1998, you requested a classification ruling.
The samples will be returned as requested.
The samples submitted are tents, identified as "Glacier II" and "All
American." Also submitted are descriptive literature depicting tents identified
as "Appalachian," "Vagabond II," and the "Glacier." They are all pop-up tents
constructed of nylon woven fabric. The tents consist of a spring metal frame
within the fabric that can be coiled into a flat disc shape. The folded tents
are held in place by an elasticized strap. The folded tents are contained and
transported in a zippered disc shape carrying case made of the same material.
The case has two textile web handles and a detachable web fabric shoulder strap.
The discs are approximately 3 inches in height.
The "Glacier II" when erected is designed for three persons. It has a
floor size measuring 49 square feet and 52 inches in height. It weighs 7 pounds
and the disc measures 32 inches in diameter.
The "All American" when erected is designed for one to two persons. It has
a floor size of 26 square feet and 39 inches in height. It weighs 5 pounds and
the disc measures 27 inches in diameter.
The "Appalachian" when erected is designed for three to four persons. It
has a floor size of 64 square feet and 60 inches in height. It weighs 9 pounds
and the disc measures 38 inches in diameter.
The "Vagabond II" is designed for three to four persons. It has a floor
size of 54 square feet and 52 inches in height. It weighs 9 pounds and the disc
measures 36 inches in diameter.
The "Glacier" is designed for two persons. It has a floor size of 40
square feet and 45 inches in height. It weighs 7 pounds and the disc measures
30 inches in diameter.
You believe that the tents are classifiable under subheading 6306.22.1000,
Harmonized Tariff Schedule of the United States (HTS) which provides for
backpacking tents of synthetic fibers. You indicated that these are backpacking
tents based on the physical characteristics of the tents, the manner in which
they are designed and how they will be marketed and sold in the United States.
The literature you submitted does not indicate that the tents are marketed for
backpacking, they only state the tents are "designed for backpacking." The
cases are fitted with web straps that appear to be a convenient way to carry the
discs in their carrying cases. The discs' diameters far exceed the required
carry size diameter stated in the backpacking tent guideline T.D. 86-163. Such
large disc shaped tents cannot be carried conveniently on the backs of most
persons without interfering with the sport of backpacking. These tents would
extend outside the frame of the body and would be continually bumping against
various obstructions as a backpacker navigates through thick underbrush and
difficult terrain. Even though the floor areas and weights conform with the
guideline requirements for backpacking tents shown in T.D. 86-163, these tents
appear not to be specially designed for the sport of backpacking, because their
unusually large circumferences would interfere with the movement of a backpacker
over rough terrain.
The applicable subheading for the pop-up tents will be 6306.22.9030, HTS,
which provides for tents: Of synthetic fibers: Other, other. The duty rate
will be 9.5 percent ad valorem.
The pop-up tents fall within textile category designation 669. Based upon
international textile trade agreements products of China are subject to a 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 Alan Tytelman at 212-
466-5896.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division