HQ 085740: Tent repair kit

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 085740

                       March 22, 1990

CLA-2:CO:R:C:G  085740 SER

CATEGORY:  Classification

TARIFF NO.: 6002.20.10

Mr. Ralph Sheppard
Adduci, Mastriani, Meeks & Schill
551 Fifth Avenue
New York, NY  10176

RE: Tent repair kit

Dear Mr. Sheppard:

     This is in reference to your letter of September 5, 1989,
requesting a classification under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA), of a tent repair kit
manufactured in Korea.  The request is on behalf of Texsport.  A
sample was submitted.

Facts:

     The merchandise at issue consists of a nylon zippered pouch,
measuring approximately 9-1/2" wide by 6-1/2" tall by 1-1/2"
deep.  The pouch contains many items which are all used to
repair a tent.  The pouch is imprinted with the phrase "Tent
Repair Kit" and the name "Texsport".  The contents are:

     1.  a tube of waterproof seam sealer
     2.  a tube of canvas cement
     3.  plastic hooks
     4.  plastic tent stakes
     5.  man-made fiber thread
     6.  stretch cord
     7.  steel needle
     8.  brass "O" and "D" rings
     9.  woven/laminated polyethylene fabric
     10. woven synthetic fabric
     11. textile pole tabs
     12. knitted synthetic fabric
     13. textile webbing pole tabs

ISSUE:

     What is the proper classification of the tent repair kit
from Korea under the HTSUSA?


                               -2-



LAW AND ANALYSIS:

     Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order.  When
goods are prima facie classifiable under two or more headings GRI
3 is applicable.   GRI 3(b) provides, in part:

     goods put up in sets for retail sale . . . shall be
     classified as if they consisted of the component which
     gives them their essential character. . .

     The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level.  The
Explanatory Notes to GRI 3(b) provide, in part:

     For the purposes of this Rule, the term "goods put up
     in sets for retail sale" shall be taken to mean goods
     which:

     (a)  consist of at least two different articles
          which are, prima facie, classifiable in
          different headings;

     (b)  consist of products or articles put together
          to meet a particular need or carry out a
          specific activity; and

     (c)  are put up in a manner suitable for sale
          directly to users without repacking (e.g., in
          boxes or cases or on boards).

     The merchandise at issue consists of at least two different
articles which are, prima facie, classifiable in different
headings, and it is put up in a manner suitable for sale directly
to users.  In addition, all of the components contribute to the
"activity" of the repair of tents.  Since the merchandise at
issue meets this three part-test so as to constitute a set, the
item that imparts the essential character of the set must be
determined to allow for the proper classification.

     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 that merit consideration are the
woven/laminated polyethylene, the woven synthetic fabric and the
knitted synthetic fabric.  These were the principal components of
the set that were given primary consideration in attempting to
determine the essential character.

                               -3-



     The inquirer states that the needle should be considered as
an item that equally merits consideration, and thus would be the
last item in numerical order.  We disagree with this position.
While Customs does agree that all parts are integral to a repair
kit, it is our position that the fabrics are the more meritorious
articles of the set.  The fabrics enclosed in the kit comprise
the bulk of the kit, and they appear to be the main component.
They are the components which would primarily be used in the tent
repair kit, not withstanding their need to be affixed by needle
and thread or cement.

HOLDING:

     Under GRI 3(c), the merchandise at issue is classifiable in
the last-named of the competing fabric classifications,
subheading 6002.20.10, HTSUSA, which provides for other knitted
or crocheted fabrics, other.  The rate of duty is 16 percent ad
valorem.  This merchandise falls within textile category 229.  As
a product of Korea this merchandise is subject to quota and visa
restrictions.

     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