HQ 086969: Classification of a G.I. Joe trooper dome tent

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 086969

                                   April 27, 1990



          CLA-2 CO:R:C:G  086969 DRR

          CATEGORY:  Classification

          TARIFF NO.:  6306.22.9000

          Ms. Cecilia Castellanos
          Withrow, Zerwekh & Co.
          P. O. Box 368
          Wilmington, California 90748

          Re:  Classification of a G.I. Joe trooper dome tent

          Dear Ms. Castellanos:

               This is in reference to your letter dated March 14, 1990, on
          behalf of Ero Industries, Inc., requesting the classification of
          a tent under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).

          FACTS:

               The merchandise at issue is a dome-shaped tent which
          measures 50 by 50 by 41 inches.  It has nylon walls, a
          polyurethane floor, a free standing tubular PVC frame, a tie-back
          front opening, and a 12 inch mesh screen window in back.  It is
          constructed of camouflage print fabric.  The tents will be
          imported from Korea.

          ISSUE:

               Whether the tent is classifiable under Heading 6306, HTSUSA,
          Heading 9503, HTSUSA, or Heading 6307, HTSUSA.

          LAW AND ANALYSIS:

               Classification of merchandise is in accordance with the
          General Rules of Interpretation (GRI), taken in order.  GRI 1
          provides that classification shall be determined according to the
          terms of the headings and any relative section or chapter notes.
          Heading 6306, HTSUSA, provides for tents of synthetic fibers.
          Heading 6307, HTSUSA, provides for other made up articles.
          Heading 9503, HTSUSA, provides for other toys.

               Chapter Note 1(u), Chapter 95, excludes tents or other
          camping goods from the provisions of that chapter without regard
          to size.  In view of the fact that the tent is constructed of
          water repellant material, has a tie-back opening and a floor for











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          use when the tent is outdoors, we are of the opinion that the
          merchandise is a tent for purposes of Note 1(u) and is,
          therefore, excluded from the provisions of Chapter 95.

               The Explanatory Notes to the HTSUSA constitute the official
          interpretation of the tariff at the international level.  The
          Explanatory Notes to heading 6306, HTSUSA, defines tents as:

               "shelters made of lightweight to fairly heavy fabrics of
               man-made fibers, cotton or blended textile materials,
               whether or not coated, covered or laminated, or of canvas.
               They usually have a single or double roof and sides or
               walls (single or double), which permit the formation of an
               enclosure.  The heading covers tents of various sizes and
               shapes, e.g., marquees and tents for military, camping
               (including backpack tents), circus, beach use.  They are
               classified in this heading, whether or not they are
               presented complete with their tent poles, tent pegs, guy
               ropes or other accessories."

               The article in question is specifically provided for under
          the provisions for tents in heading 6306, and therefore could not
          appropriately be classified in heading 6307.

          HOLDING:

               The tent at issue is classifiable under subheading
          6306.22.9000, HTSUSA, which provides for tents, of synthetic
          fibers, other, with a duty rate of 10 percent ad valorem and a
          quota category of 669.

               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.

               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


















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          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.

               Your sample is being returned to you, as requested.

                                        Sincerely,




                                        Gerald Laderberg, Acting Director
                                        Commercial Rulings Division