HQ 083821: Classification of a 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 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



















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          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