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NY M82453




April 19, 2006

CLA-2-63:RR:NC:N3:351 M82453

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.22.1000

Larry Ordet
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of backpacking tents from Bangladesh

Dear Mr. Ordet:

In your letter dated April 12, 2006, you requested a tariff classification ruling on behalf of your client, American Recreation Products, Inc.

The submitted sample is identified as a two-room backpacking tent (Wenzel Style #36277). The dome-shaped tent, which you state is designed to sleep four or five people, is 10’ x 8’ (80 sq. ft.) and has a center height of 60”. A center divider curtain creates the two rooms. The carry weight is 10.9 pounds. The rolled carry size is approximately 25” with a 6” diameter. According to the product packaging, the tent is specifically designed for the sport of backpacking; it is shown strapped to the bottom of a backpack.

Treasury Decision (T.D.) 86-163 enunciated size and weight guidelines for backpacking tents, as well as other criteria. Those guidelines may be summarized as follows:

(1) It must be specifically designed for the sport of backpacking.

(2) It must be composed of nylon, polyester, or other fabric of man-made fibers.

(3) If designed for 3 or 4 persons, the tent must meet the following criteria:

Have a floor space of 65 square feet or less; and Weigh 12 pounds or less, including tent bag and all accessories necessary to pitch the tent; and Have a carry size of 30 inches or less in length and 10 inches or less in diameter. If other than cylindrical, the tent package must not exceed 2350 cubic inches.

In addition, any tent with a floor of more than 65 square feet and a standing height of more than 60 inches is usually considered a tent designed for general recreational use. However, the instant tent is clearly designed as a backpacking tent. The difference in floor space is negligible when considered with the tent's other dimensions, particularly the carrying size and weight. The 60” height would not allow most users to stand, a typical feature of backpacking tents.

The applicable subheading for the two-room backpacking tent #36277 will be 6306.22.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tents: Of synthetic fibers: Backpacking tents. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The sample will be returned as requested.

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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