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HQ 083821


May 22, 1989

CLA-2:CO:R:C:G 083821 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010

Mr. Norman Katz
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: Classification of a tent repair kit

Dear Mr. Katz:

This is in reference to your letter dated February 6, 1989, requesting tariff classification of a tent repair kit under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Korea was provided.

FACTS:

The merchandise at issue is a tent repair kit. The repair kit consists of a pouch that contains the kit, woven polyethylene fabric pieces, woven fabric pieces, polyester nylon knit fabric pieces, a metal circular ring, a tube of seam sealer, a tube of cement, polyester thread, a needle, plastic S-hooks, and a metal D-ring.

ISSUE:

What is the classification of the tent repair kit?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA, is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(b) provides for goods put up in sets for retail sale. The Explanatory Notes to GRI 3(b) state that goods put up in sets for retail sale means goods that consist of at least two different
articles which are, prima facie, classifiable in different headings, that consist of products or articles put up together to meet a particular need or carry out a specific activity, and are put up in a manner suitable for sale directly to users without repacking. Classification of goods that meet the definition of a set is determined by the component that imparts the essential character of the merchandise. The tent repair kit does fit the definition of a set put up for retail sale; therefore, the item that imparts the essential character must be determined.

No one item in the kit can be said to impart the essential character. Under GRI 3(c) goods that can not be classified by reference to GRI 3(b) shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The items in the kit that merit consideration are the pouch (heading 4202, HTSUSA), the woven/laminated polyethylene fabric pieces (heading 3921, HTSUSA), the woven fabric pieces (heading 5407, HTSUSA), and the polyester nylon knit fabric pieces (heading 6002, HTSUSA).

HOLDING:

Under GRI 3(c), the merchandise at issue is classifiable in subheading 6002.43.0010, HTSUSA, as other knitted fabrics, other fabrics, warp knit, of man-made fibers, open-work fabrics. The rate of duty is 14 percent ad valorem and the textile category number is 229.

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

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