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NY 812535




July 26,1995

CLA-2-63:S:N:N6:345 812535

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.9030

Mr. Robert L. Gardenier
M.E.Dey & Co. Inc.
5007 South Howell Avenue
P.O. Box 37165
Milwaukee, Wisconsin 53237-0165

RE: The tariff classification of polar shelters from Korea Dear Mr. Gardenier:

In your letter dated July 7, 1995 on behalf of your client, HT Enterprises of Campbellsport Wisconsin, you requested a classification ruling and guidance on marking for prospective shipments of polar shelters made in Seoul, Korea. You indicate that the PRS-2 Deluxe Polar Shelter and the PRS-3 Deluxe Polar Shelter differ only in size. All other details are the same. Each shelter will be imported in a carrying bag packed in a labelled corrugated cardboard box and will be sold to the customer as imported.
The sample, a PRS-2 Deluxe Polar Shelter, measures 120 cm, square and 140 cm in height, and is made essentially of black nylon taffeta woven fabric. It also contains a polyethylene plastic floor which is sewn into the base of the shelter; two clear plastic windows, approximately 13 cm X 27 cm, which are sewn into the sides; a nylon taffeta pouch, approximately 30 cm X 20 cm, which is sewn into an inside seam under one of the windows; a zipper, made of metal, plastic and woven fabric, which is sewn into the front; fiberglass rods which, when extended and snapped into place, form the outer frame; and four 20 cm X 1/4" d. 90 degree steel anchor bolts (threaded at one end) which are used to stake the shelter to the ground or to ice. A coated white fabric warning label measuring 8 cm, square is sewn into the top seam of the pouch. MADE IN KOREA is printed in 2 mm bold black lettering at the bottom of the label. The label is visible from the inside of the shelter. HT ENTERPRISES, INC. is printed in 37 mm and 22 mm bold yellow lettering above the zipper front. The shelter comes in a black nylon taffeta carrying bag which measures approximately 33 cm X 74 cm . The bag has a knitted nylon drawstring closure at one end and a woven nylon sling type handle that is sewn at each end into the seam. MADE IN KOREA is printed in 5 mm bold black lettering on a 1.5 cm x 5.5 cm coated white fabric label which is sewn into the outside seam of the bag above the handle at the drawstring closure end. The shelter and carrying bag are packed in a 15 cm, square X 60 cm corrugated cardboard box with a yellow and black label measuring 41 cm X 11.5cm glued to one side. The label illustrates the shelter and states the model and its features. MADE IN KOREA is printed in 2 mm bold black lettering on the right side of the label, mid-way from the top. HT Enterprises, Inc. 139 E. Sheboygan St. Campbellsport, WI 53010 is printed in 2 mm black lettering approximately 2 3/4 cm below. The applicable subheading for the PRS-2 Deluxe Polar Shelter and the PRS-3 Deluxe Polar Shelter will be 6306.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for Tents: Of synthetic fibers: Other, other. The duty rate will be 9.9%. The carrying bags, when imported with the polar shelters, will be classified together with them as an entirety in the same subheading.

The Deluxe Polar Shelters fall within textile category designation 669. Based upon international textile trade agreements, products of Korea are subject to quota and the requirement of a visa. 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.

The markings as shown on the sample and as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin markings for the Deluxe Polar Shelters as imported with carrying case and box.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director
New York Seaport

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