NY 814712

September 18, 1995

CLA-2-63:S:N:N3:345 814712

CATEGORY: Classification

TARIFF NO.: 6306.22.9030, 9503.70.0030

Mr. Gerald Boerum

Rand International

51 Executive Boulevard

Farmingdale, New York 11735

RE: The tariff classification of Children\'s Tent from China

Dear Mr. Boerum:

In your letter dated September 5, 1995, you request a tariff

classification ruling.

The sample you submit is a children\'s tent which measures

approximately 48\" square at the base and 52\" in height when

erected using two supplied sets of eight interlocking metal

support rods. The tent is made of 100% woven nylon fabrics sewn

together to form a dome like enclosure. It contains a zippered

flap entrance, approximately 26\" wide X 18\" high, on one side and

a circular nylon mesh window, approximately 18\" in diameter, with

a window flap on the adjacent side. Knitted nylon pockets,

approximately 2\" X 3\", are sewn into the four corners of the base

to anchor the metal support rods. The lower panel of each side

and structural support sleeves sewn into each side corner of the

tent are decorated with a colorful print pattern which depicts

cartoon dinosaur characters. Four cartoon banana characters and

the inscription \"BANANAS IN PYJAMAS\" in colorful lettering

decorate the side panel above the entrance. The tent comes

packed in a woven nylon fabric tubular shaped carrying case with

a drawstring closure.

You state that the tent is to be used only by children and

used primarily when filled with plastic balls (to be imported

either with the tent or separately) similar to that seen in

amusement parks. You also state that the tent is sold as a play

item for children and not for outdoor camping.

The applicable subheading for the children\'s tent will be

6306.22.9030, Harmonized Tariff Schedule of the United States

(HTS), which provides for Tents: Of synthetic fibers: Other:

Other. The rate of duty will be 9.9 percent ad valorem.

The children\'s tents fall within textile category

designation 669. As a product of China, this merchandise is

subject to quota and visa requirements based upon international

textile trade agreements.

Since these agreements are subject to frequent

renegotiations and change, to obtain the most current information

available, we suggest you check, close to the time of shipment,

the \"Status Report On Current Import Quotas (Restraint Levels)\",

an internal issuance of the U.S. Customs Service, which is

available for inspection at your local Customs office.

If the plastic balls intended to fill the tent are imported

with the tent packaged together for retail sale, depending on

size of the balls and quantity, they both may be considered as an

entirety and classified as a set under subheading 9503.70.0030

HTS which provides for other toys put up in sets or outfits, and

parts and accessories thereof, Other: Other. The rate of duty

will be free.

This ruling is being issued under the provisions of Section

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 V.

Gualario at 212-466-5886.

Sincerely,

Roger J. Silvestri

Director,

National Commodity

Specialist Division