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HQ 954667


November 15, 1993

CLA-2 CO:R:C:T 954667 BC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Jack Griffiths
Administrator
Springbok, Inc.
6412 Lago Grande Drive
Bonsall, California 92003

RE: Classification of a pop-up tent; backpacking tent; T.D. 86- 163

Dear Mr. Griffiths:

This responds to your letter of June 28, 1993, wherein you requested a binding classification ruling on a two-man pop-up tent. You submitted a sample for our examination. Our decision follows.

FACTS:

The tent at issue, as represented by the sample, is a two- man pop-up tent made of polyester nylon fabric. The literature you submitted with the sample indicates that it is water resistant, ultra violet protected, and conforms to fire retardant standards. It consists of a spring wire frame within the fabric that can be coiled into a flat disc shape, 32" in diameter and 2" thick. It is held in its disc shape by an elastic band. When the band is removed and the tent thrown into the air, it self erects by uncoiling. When it lands it is fully erected: 60" wide by 102" long by 40" in height. It weighs 7.5 pounds. It is contained and transported in a zippered disc shaped carrying case made of the same material. The case has two textile web handles.

ISSUE:

Should the pop-up tent at issue be classified as a backpacking tent made of synthetic materials or as an "other" tent made of synthetic materials?

LAW AND ANALYSIS:

Customs has previously classified backpacking tents under heading 6306.22, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), by application of guidelines published in Treasury Decision (T.D.) 86-163. (See HRL 086091 (January 11, 1990), HRL 087116 (July 17, 1990), and HRL 954151 (August 26, 1993).) These guidelines, in pertinent part (as they relate to two-man backpacking tents), are as follows:

(1) It must be specially designed for the sport of backpacking;

(2) it must be composed of nylon, polyester, or any other fabric of man-made fibers;

(3) if designed for 1 or 2 persons, the tent must meet the following criteria:

(a) have a floor area of 45 square feet or less,

(b) weigh 8.5 lbs. or less, including tent bag and all accessories necessary to pitch the tent, and

(c) have a carry size of 30 inches or less in length and 9 inches or less in diameter.

20 Cust. Bull. 468, 470.

On the facts here, questions are raised under criteria 1 and 3(c) above. You assert that the tent is intended for the sport of backpacking; however, the literature you submitted does not indicate that backpacking is its purpose. Another indication that backpacking is not its purpose is its size. The disc measures 32" in diameter. Such a large disc shaped tent cannot be carried conveniently on the backs of most persons. Moreover, its size far exceeds the 9" in diameter set under the guidelines. Further, you state that the carrying case handles are not for carrying but for hanging the tent in storage or in display at a sporting equipment store. Yet, this explanation is unpersuasive, since the handles are the same as those that appear on certain bags and appear to be nothing less than a convenient means by which to carry the disc in its carrying case. Without them, carrying the 32" diameter disc would be exceedingly cumbersome, since there is no alternative means by which to carry it.

In short, we conclude that the tent at issue does not meet the backpacking tent guidelines. It far exceeds the carrying size requirement which seriously calls into question its alleged intended use as a backpack tent. It appears to be a two-man pop- up tent for camping in the park or in the yard. The fact that it meets the guideline requirements under criteria 3(a) and 3(b) is not controlling.

HOLDING:

The two-man pop-up tent at issue is classifiable under 6306.22.9030, HTSUSA, as a tent made of synthetic fibers, other, other. The applicable duty rate is 10% ad valorem.

Sincerely,

John Durant, Director

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