HQ 0089134 - Sleep sack is bed linen, not sleeping bag, camping goods or other made up article. Unfinished; Cocoon; padded; cushion; seat - United States International Trade Commision Rulings

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HQ 089134

August 8, 1991

CLA-2 CO:R:C:T 089134 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.21.2090

Mr. Hans Wurian
Design Salt USA Div.
P.O. Box 751
Redway, CA 95560

RE: Sleep sack is bed linen, not sleeping bag, camping goods or other made up article. Unfinished; Cocoon; padded; cushion; seat

Dear Mr. Wurian:

This is in reply to your letter of April 5, 1991, concerning the tariff classification of a sleep sack, produced in China, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is the same (but for one difference described below) as the sleeping sack ruled upon in HRL 088149 of December 27, 1990 (affirmed in HRL 089137 of August 6, 1991). In the former ruling, we described the sleep sack as follows:

The merchandise at issue is a 100 percent woven cotton sleeping sack, to be imported from China. It measures 33 x 86 inches and is sewn together on three sides. One end of the sack has an 11 1/2 inch pocket which is formed by a folded length of material sewn on its sides, which can be used to accommodate the insertion of a pillow. The portion of the top sheet near the pillow insert is not sewn down, forming a flap which allows a person to easily slip into and out of the sleep sack.

The literature accompanying your request states that this item is called a COCOON TRAVELSHEET. It is advertised as a "washable sleeping environment" to be used in hotels, hostels, hammocks, and homes.
In your letter you indicate that the sleeping sack is intended to serve as a sleeping bag for travellers in warm countries. "COCOON" is available in three
printed fabric styles.

In HRL 088149, we classified the sleep sack under subheading 6302.21.2090, HTSUSA, as other bed linen. In HRL 089137, we affirmed this conclusion, stating that the sleep sack is too flimsy to be camping goods of heading 6306. You have now modified the sleep sack by adding a 12" x 16" polyester pad of 1/16" thickness at the pillow area. You claim that this added padding is for support and comfort, and request classification under heading 9404, HTSUSA, as a padded sleeping bag.

ISSUE:

Whether the modified sleeping sack is a padded sleeping bag under the HTSUSA?

LAW AND ANALYSIS:

Heading 9404, HTSUSA, provides for, inter alia, articles of bedding and similar furnishings, stuffed or internally fitted. You claim that the addition of the small area of padding in the sleep sack now qualifies that sack for inclusion herein. We disagree. In HRL 089018, we classified a partially padded (on the underside) infants' car seat cover as internally fitted, stating that such padding was sufficient "for efficient use of the merchandise." Clearly, the small, thin padding inserted at the top of the sleep sack, where the pillow insert still exists, does not transform the bed linen into an efficiently used sleeping bag. As we stated in HRL 089137:
articles like the sleep sack, with the potential to be placed on the ground and slept in, must be fabricated so as to not absorb moisture and not easily tear on various terrain objects.

The padding does not impart these abilities; classification in heading 9404, HTSUSA, is therefore disqualified.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 6302.21.2090, HTSUSA, textile category 362, as bed linen, table linen, toilet linen and kitchen linen, other bed linen, printed, of cotton, other, other, other. The applicable rate of duty is 7.6 percent ad valorem.

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 negotiations 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 officer handling the transaction.

Sincerely,

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