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HQ 085331


August 25, 1989

CLA-2:CO:R:C:G 085331 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9000

Mr. Fred Goris
Fisher-Price
636 Girard Avenue
East Aurora, New York 14052-1885

RE: Tent carrying bag

Dear Mr. Goris:

This is in reference to your letter dated August 2, 1989, requesting the tariff classification of a tent carrying bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Mexico was submitted.

FACTS:

The merchandise at issue is a tent carrying bag. It is imported with and contains an infant cabana. The bag is approximately 3 1/2 feet long and 10 inches wide. It has an 18 inch carrying strap that runs up the middle of the bag and an 11 inch pocket with a velcro closure on the inside of the bag near the opening of the bag. The opening of the bag has a draw string closure.

ISSUE:

Whether the tent bag at issue is classifiable as a part of the infant cabana.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 5(a)
provides the following:

Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The tent bag at issue fits in this category of goods. The tent bag is specially shaped to fit the infant cabana. It is a long narrow bag and has a pocket on the inside of the bag which would serve to hold tent parts such as stakes. The bag is an unusual shape and size so it is obviously designed to fit a certain product. The bag is not classified separately; it is classifiable as part of the infant cabana.

HOLDING:

The tent bag at issue is classifiable as part of the infant cabana under subheading 6306.22.9000, HTSUSA, which provides for tents of synthetic fibers, other. The textile category number is 669, and the rate of duty is 10 percent ad valorem.

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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