CLA-2 CO:R:C:T 951263 CAB
Martin Zemitis
Sierra Designs
2039 Fourth Street
Berkeley, CA 94710-1912
RE: Tent; Pre-Classification Ruling 864811 revoked.
Dear Mr. Zemitis:
This letter is in reference to Pre-Entry Classification
Ruling (PC) 864811 of July 8, 1991, sent to you from our San
Francisco office.
FACTS:
The merchandise in question is a tent referred to by the
importer as a "Mondo Condo 395A" tent. The Mondo Condo 395A is a
four person tent that is designed and marketed for backpacking.
The importer submitted a catalog to substantiate her claim that
the subject merchandise is constructed for backpacking. The
Mondo Condo 395A has a floor area of 64.5 square feet, a standing
height of 63.5 inches, weight of 7.4 pounds, and a carrying size
of 28 inches in length and 8 inches in diameter. The tent comes
with a vestibule weighing 2.8 pounds with a floor area of 18
square feet. The vestibule is used for storage, and is not
considered a part of the living area of the tent.
The San Francisco District issued PC 864811, classifying the
Mondo Condo 395A under subheading 6306.22.9030, HTSUSA.
ISSUE:
Whether the merchandise in question is classifiable as a
backpacking tent in subheading 6306.22.1000, HTSUSA, or as other
tents in subheading 6306.22.9030, HTSUSA?
LAW AND ANALYSIS:
Heading 6306, HTSUSA, specifically provides for tarpaulins,
awnings and sunblinds; tents; sails for boats, sailboards or
landcraft; and camping goods.
Subheading 6306.22.1000, HTSUSA, provides for backpacking
tents of synthetic fibers. In Headquarters Ruling Letter (HRL) -
086076, dated February 15, 1990, we stated "that backpacking
tents have not been defined at the international level. The
distinction between backpacking tents and other tents is an issue
only at the United States legal level. Therefore, determinations
under the Tariff Schedules of the United States (TSUS), while not
binding, are persuasive in this matter."
The decision in Newman Importing Company, Inc. v. United
States, 76 Cust. Ct. 143, C.D. 4648 (1976), in which the Court
held that backpacking was a sport, led to the Custom Services's -
issuance of guidelines for distinguishing backpacking tents from -
other tents. See, C.S.D. 79-108 (August 21, 1978). These
guidelines were revised in T.D. 86-163. In order to qualify as -
sports equipment (backpacking tents were classified as such under
the TSUS), the following criteria had to be met:
1. It must be specially designed for the sport of
backpacking
2. It must be composed of nylon, polyester or any other
fabric of man-made fibers.
* * *
4. If designed for 3 or 4 persons, the tent must meet the
following criteria:
(a) have a floor area of 65 square feet or less, and
(b) weigh 12 pounds or less, including tent bag and
all accessories necessary to pitch the tent, and
(c) have a carry size of 30 inches or less in length
and 10 inches or less in diameter. If other than
cylindrical in shape the tent package must not exceed
2,350 cubic inches.
Any tent with a floor of more than 65 square feet and
standing height of more than 60 inches is a tent designed for
general recreational use.
In this instance, the importer has submitted a company
catalog that advertises the Mondo Condo 395A as a tent that is
constructed and marketed specifically for backpacking. The Mondo
Condo 395A is comprised of fabric made from man-made fibers. The
merchandise in question meets most of the measurement
requirements stipulated in T.D. 86-163. However, the Mondo Condo
395A exceeds the height limitation set by T.D. 86-163 by 3.5
inches.
In HRL 086091, dated January 11, 1990, the tent in question
had a carrying size of 35 inches which exceeded the guidelines by
5 inches. Customs looked at the merchandise in its totality and
determined that in spite of the merchandise failing to meet all
the criteria set forth in T.D. 86-163, the tent was designed as a
backpacking tent, and therefore, classifiable as such.
This same issue of a tent's measurements exceeding T.D. 86-
163 guidelines was revisited again in HRL 086076, and Customs
ruled that when taking into consideration all factors, the styles
did not vary significantly enough from the criteria set forth in
T.D. 86-163 to be denied classification as backpacking tents.
In light of the rationale used in other Customs' decisions,
and the overall construction of the merchandise in question, the
Mondo Condo 395A is classifiable as a backpacking tent.
HOLDING:
Based on the foregoing, effective this date, the Mondo Condo
395A is classifiable under subheading 6306.22.1000, HTSUSA, which
provides for backpacking tents of synthetic fibers. The rate of
duty is 4.64 percent ad valorem.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are notifying you
that PC 864811 is no longer effective with respect to the Mondo
Condo 395A. However, if you disagree with the legal basis for
our decision, we invite you to submit any arguments you might
have with respect to this matter for our review. Any submission
you wish to make should be received within 30 days of the date of
this letter.
This notice to you should therefore be considered a
revocation of PC 864811 of July 8, 1991, under 19 C.F.R. sect.
177.9(d)(1) (1989), for the Mondo Condo 395A. It is not to be
applied retroactively to PC 864811 (19 C.F.R. sect. 177.(d)(2)
(1989)) and will not, therefore, affect the transaction, as we
described above, for the importation of your merchandise under
that ruling. However, for the purposes of future transactions in
merchandise of this type, including that which the present
classification is requested, PC 864811 will not be valid
precedent. We recognize that pending transactions may be
adversely affected by this termination of effectiveness, in that
current contracts for importations arriving at a port subsequent
to the release of HRL 951263 will be classified under the new
ruling. If such a situation arises, you may, at your discretion,
notify this office and apply for relief from the binding effects
of the new ruling as may be dictated by the circumstances.
However, please be advised that in some instances involving
import restraints, such relief may require separate approvals
from other government agencies.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.
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 importing the merchandise to determine
the current status of any import restraints or requirements.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs office handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division