HQ 087116: HRL 086867 affirmed. Children's fun tent not designed for sport of backpacking must be an other tent, even if its measurements fall within the Newman Importing specifications.

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 087116

                          July 17, 1990




     CLA-2 CO:R:C:G  087116  HP

     CATEGORY:  Classification

     TARIFF NO.:  6306.22.9030

     Mr. Norman Katz
     Barnes, Richardson & Colburn
     Attorneys & Counsellors at Law
     475 Park Avenue South
     New York, NY  10016

     RE:  HRL 086867 affirmed.  Children's fun tent not
     designed for sport of backpacking must be an other
     tent, even if its measurements fall within the Newman
     Importing specifications.

     Dear Mr. Katz:

         This is in reply to your letter of May 3, 1990,
     requesting reconsideration of HRL 086867 DRR of April
     26, 1990.  Please reference your client Nelson/Weather-
     Rite, Inc.

     FACTS:

         The merchandise at issue consists of a children's
     tent designed for indoor/outdoor use.  It is
     constructed of nylon taffeta, with fiberglass poles and
     steel stakes.  The tent measures 48"   48"   42".  You
     state the floor area is less than 45', the tent weight
     plus all accessories is less than 8-
 lbs, and the carry
     size is less than 30" in length and 9" in diameter.

         In HRL 086867, we classified this tent under
     subheading 6306.22.9000, HTSUSA, as other tents of
     synthetic fibers.  You claim that classification as a
     backpacking tent would be more appropriate.

     ISSUE:











         Whether the instant tent is a backpacking tent
     under the Harmonized Tariff Schedule of the United
     States Annotated (HTSUSA)?







     LAW AND ANALYSIS:

         Subheading 6306.22.1000, HTSUSA, provides for
     backpacking tents.  In HRL 086091 of January 11, 1990,
     we undertook the following analysis of this issue.  We
     noted that backpacking tents have not been defined at
     the international level.  Indeed, classification of
     backpacking tents, as opposed to other types of tents,
     is an issue only at the U.S. breakout level.  It is our
     opinion, therefore, that determinations under the
     Tariff Schedules of the United States (TSUS), while not
     binding, are persuasive in this matter.

         In The Newman Importing Co., Inc. v. United States,
     76 Cust. Ct. 143, C.D. 4648 (1976), the Court held that
     backpacking was a sport.  It was therefore made
     necessary that we distinguish between tents used for
     backpacking and tents used for other purposes.  In T.D.
     86-163, the Customs Service revised previously issued
     guidelines concerning classification of imported
     backpacking tents.  We noted that the only sensible
     method of determining a tent's eligibility for
     classification as a backpacking tent was by quantifying
     its size and weight.  As a result, to qualify as sports
     equipment (backpacking tents were classified therein
     under the TSUS (tents are excluded from the sports
     equipment provisions of the HTSUSA by Note 1(u) to
     Chapter 95)), the following criteria had to be met:

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

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

             (3) If designed for 1 or 2 persons, the
                 tent must meet the following
                 criteria:

                 (a) Have a floor area of 45
                     square feet or less; and

                 (b) Weigh 8-
 pounds or less,
                     including tent bag and all
                     accessories necessary  to
                     pitch the tent; and

                 (c) Have a carry size of 30
                     inches or less in length
                     and 10 inches or less in







                     diameter.  [Emphasis
                     added.]

                              * * *







         You direct our attention to the fact that since the
     instant tent falls within the quantitative guidelines
     supra, the tent should by default be considered a
     backpacking tent.  This "quantitative analysis" fails.
     Before a tent can be considered a backpacking tent, it
     must be designed for the sport of backpacking.  The
     "Fun Tent" is designed for indoor/outdoor fun by small
     children.  It is clear from the illustrations on the
     container that the tent is meant for use either in the
     living room, or under the watchful eye of an adult in
     the safety of one's own backyard.  It is not meant for
      ...traveling on foot in relatively wild areas and
     maintaining oneself with supplies and equipment carried
     on one's back.   (Newman Importing, 76 Cust Ct. at
     144).  See HRL 085269 of April 13, 1990 (classifying
     substantially identical merchandise as other tents);
     HRL 086969 of April 27, 1990 (placing G.I. Joe Trooper
     Dome tent in subheading for other tents).  Therefore,
     the instant tent cannot be considered a backpacking
     tent under the guidelines developed in Newman
     Importing, and HRL 086867 is affirmed.

     HOLDING:

         As a result of the foregoing, the instant
     merchandise remains classified under subheading
     6306.22.9030, HTSUSA, textile category 669, as
     tarpaulins, awnings and sunblinds; tents; sails for
     boats, sailboards or landcraft; camping goods, tents,
     of synthetic fibers, other, other.  The applicable rate
     of duty is 10 percent ad valorem.

         The designated textile and apparel category may be
     subdivided into parts.  If so, visa and quota
     requirements applicable to the subject merchandise may
     be affected.  Since part categories are the result of
     international bilateral agreements which are subject to
     frequent negotiations and changes, to obtain the most
     current information available, we suggest that you
     check, close to the time of shipment, the Status Report
     On Current Import Quotas (Restraint Levels), an
     issuance of the U.S. Customs Service, which is updated
     weekly and is available at your local Customs office.

         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 importing the merchandise to determine
     the current status of any import restraints or
     requirements.







                            Sincerely,




                      JOHN DURANT, DIRECTOR
                   COMMERCIAL RULINGS DIVISION