us-cbp-cross-rulings-hq-083821•HQ 083821: Classification of a tent repair kit
HQ 083821: Classification of a tent repair kit
us-cbp-cross-rulings-hq-083821HQ 083821: Classification of a tent repair kitGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 083821
May 22, 1989
CLA-2:CO:R:C:G 083821 SR
CATEGORY: Classification
TARIFF NO.: 6002.43.0010
Mr. Norman Katz
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016
RE: Classification of a tent repair kit
Dear Mr. Katz:
This is in reference to your letter dated February 6, 1989,
requesting tariff classification of a tent repair kit under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample produced in Korea was provided.
FACTS:
The merchandise at issue is a tent repair kit. The repair
kit consists of a pouch that contains the kit, woven polyethylene
fabric pieces, woven fabric pieces, polyester nylon knit fabric
pieces, a metal circular ring, a tube of seam sealer, a tube of
cement, polyester thread, a needle, plastic S-hooks, and a metal
D-ring.
ISSUE:
What is the classification of the tent repair kit?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA, is governed by the
General Rules of Interpretation (GRI), taken in order. GRI 3(b)
provides for goods put up in sets for retail sale. The
Explanatory Notes to GRI 3(b) state that goods put up in sets for
retail sale means goods that consist of at least two different
-2-
articles which are, prima facie, classifiable in different
headings, that consist of products or articles put up together to
meet a particular need or carry out a specific activity, and are
put up in a manner suitable for sale directly to users without
repacking. Classification of goods that meet the definition of a
set is determined by the component that imparts the essential
character of the merchandise. The tent repair kit does fit the
definition of a set put up for retail sale; therefore, the item
that imparts the essential character must be determined.
No one item in the kit can be said to impart the essential
character. Under GRI 3(c) goods that can not be classified by
reference to GRI 3(b) shall be classified under the heading which
occurs last in numerical order among those which equally merit
consideration. The items in the kit that merit consideration are
the pouch (heading 4202, HTSUSA), the woven/laminated
polyethylene fabric pieces (heading 3921, HTSUSA), the woven
fabric pieces (heading 5407, HTSUSA), and the polyester nylon
knit fabric pieces (heading 6002, HTSUSA).
HOLDING:
Under GRI 3(c), the merchandise at issue is classifiable in
subheading 6002.43.0010, HTSUSA, as other knitted fabrics, other
fabrics, warp knit, of man-made fibers, open-work fabrics. The
rate of duty is 14 percent ad valorem and the textile category
number is 229.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
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