CLA-2-63:OT:RR:NC:N3:351
Ms. Kandace Niemi
Recreational Equipment, Inc.
6750 S 228th Street
Kent WA 98032
RE: The tariff classification of Bivys from China
Dear Mr. Niemi:
In your letter dated September 25, 2018, you requested a tariff classification ruling.
You submitted photographs and samples of four bivys. A bivy is a bivouac sack, a personal-sized waterproof shelter used as an alternative to a larger sized tent. They are designed to be used during camping, hiking, expedition or climbing by hikers, mountaineers and minimalist campers. Each is designed to shelter one person in a sleeping bag to protect them from all-weather elements. All of the bivys you submitted, can be folded and stored in a small drawstring bag made of the same man-made fabric.
Style 20397 Bug Out Bivy, is made of lightweight man-made fabric. The the upper portion is made of a see-through finely woven open mesh man-made fabric. It has aluminum poles that assemble to allow space above the occupant’s head; it is approximately 87? long by 28? wide (at its widest point).
Style 20395 Super Light Bivy is made of lightweight man-made fabric and has aluminum poles that assemble to allow space above the occupant’s head; it is approximately 87? long by 28? wide (at its widest point).
Style 20394 All Season Bivy is made of lightweight man-made fabric and has aluminum poles that assemble to allow space above the occupant’s head; it is approximately 87? long by 28? wide (at its widest point). The three bivys: Style 20397, Style 20395 and Style 20394 all fit the guidelines for backpacking tents. Please see Headquarters Ruling H250306 dated December 3, 2014.
Style 20396 Shell Bivy, has no poles. It is made of synthetic fabric, and the upper head and bust portion is made of a see-through finely woven open mesh man-made fabric, and it is approximately the same size as Style 20397, Bug Out Bivy. It also folds into a smaller bag, but it does not meet the guidelines for backpacking tents, therefore it is not considered a tent for tariff purposes. The applicable subheading for the three bivys: Style 20397 Bug Out, Style 20395 Super Light and Style 20394 All Season will be 6306.22.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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 free.
The applicable subheading for Style 20396, Shell Bivy will be 6306.90.5000, HTSUS, which provides for Camping goods: Other: Of other textile materials. The general rate of duty will be 4.5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at
https://hts.usitc.gov/current.
The samples will be returned to you.
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 Adleasia Lonesome via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division