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NY 813755




August 28, 1995

CLA-2-94:S:N:N6:345 813755

CATEGORY: CLASSIFICATION

TARIFF NO.: 9404.30.8000

Ms. Jane Parker - Transportation Manager
Performance Inc.
One Performance Way
Chapel Hill, NC 27514

RE: The tariff classification of Mountain Gear Mummy Bag from China

Dear Ms. Parker:

In your letter dated August 1, 1995, you requested a tariff classification ruling on Mountain Gear Mummy Bag/ Performance Sleeping Bag System and information or a ruling on the marking of this product. You also indicate that you currently import this product into the United States from Hong Kong. You submit with your request literature describing the system and a sample in a plastic bag marked:
MOUNTAIN GEAR MUMMY BAG
20 MUMMY
RIGHT
REGULAR
EMERALD/DARK PURPLE
MADE IN CHINA
The sample is a "mummy" type sleeping bag in a stuff sac. The sleeping bag is made of a woven 100% nylon fabric outer cover and liner, and measures approximately 84" X 32". It is filled with "Thinsulate", a material described in the literature as 77.5% polyester and 22.5% polyolefin fine denier fibers. The sleeping bag has a 3" X 6" textile fabric consumer information label sewn into the bottom outer seam which indicates: "SOLD BY PERFORMANCE, INC. ONE PERFORMANCE WAY CHAPEL HILL, NC 27514". "MADE IN CHINA" is also indicated in slightly larger lettering directly below this U.S. address. The stuff sac is also made of a woven textile fabric and measures approximately 12" X 16". It has a knitted nylon drawstring closure with a small plastic retainer clamp at the top and a woven textile fabric handle at the bottom. The handle has a 1 3/4" X 3/4" textile fabric label which indicates: "20 DEGREES CYCLIST'S MUMMY REGULAR LEFT". A 1 1/2" X 1/2" label which indicates: "MADE IN CHINA" is sewn into the inside seam of the sac approximately 4" from the top. The literature indicates that the Performance 40.20.5 Sleeping Bag System is made up of a Performance +20 Bag (which is represented by the sample) and the Performance + 40 Overbag (no sample) which is a sleeping bag similar in composition to , but less insulated and slightly lighter than the sample. Both sleeping bags are sold with their stuff sacs, and are sold separately. The system which includes both bags can be purchased at a discount. The applicable subheading for both the Mountain Gear Performance +20 Bag and the Performance +40 Overbag will be 9404.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Sleeping bags: Other. The rate of duty will be 9%. If the bags are imported in their stuff sacs, the sacs will be classified with the bags as an entirety within this subheading.

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 importation of this merchandise, if in fact, the merchandise is made in China. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 CFR 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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