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NY I80820




May 17, 2002

CLA-2-63:RR:NC:N3:351 I80820

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Frederic D. Van Arnam, Jr.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of a hunter's bandoleer pack from China.

Dear Mr. Van Arnam, Jr.:

In your letter dated April 18, 2002, you requested a ruling on behalf of Hunter's View, Ltd., of Peoria, IL, on tariff classification.

You have submitted samples of the “Hunter’s Bandoleer,” which you refer to as “a combination sling backpack and seat cushion.” You state that it is to be used as both a pack for hunting accessories and a seat cushion. The bandoleer is worn diagonally over one shoulder and across the chest, and fastens with a hook-and-loop fastener. It is made of textile in a camouflage print, which you state will be 60% cotton and 40% polyester. The item has numerous pockets, including one with two orange flags that may be snapped onto the pack to make the wearer more visible to other hunters. Attached by plastic buckles to the bottom of the pack is a seat cushion to be used in the field. It is 16” x 12” x 2” thick. You state that the pack and the cushion will be imported and sold as a single unit that will be marked “Made in China.” There is another model that does not feature the cushion.

You state your belief that the proper classification of the combination pack and cushion is in subheading 9401.80.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats: other, other. You give as an alternate provision subheading 9404.90.1000, HTS, which provides for mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: other: pillows, cushions and similar furnishings: of cotton.

While we agree that the pack and cushion are a combination, or composite, good as described in General Rule of Interpretation 3(b), we believe that the essential character of the good is imparted by the pack, not the cushion. We disagree with your stated belief that pack part of these items is classifiable in heading 4202, HTS, which provides for, among other things, backpacks and sport bags. These are not sport bags or backpacks of 4202. We agree with you that these are not classifiable as wearing apparel. They are made up as that term is defined in Note 7 to Section XI, HTS, and are not classifiable in any eo nominee HTS provision.

The applicable subheading for this product, with or without the cushion, will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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