N329106

N329106 November 30, 2022 MAR-2-OT:RR:NC:N3:351 CATEGORY: Marking Ms. Lisa Murrin Expeditors Tradewin LLC 795 Jubilee Drive Peabody, MA 01960 RE: Country of origin and marking determination for tents Dear Ms. Murrin: This is in reply to your letter dated November 1, 2022, requesting a country of origin and marking determination for imported tents on behalf of your client, NEMO Equipment. In lieu of samples, photographs of the tents were provided with your request. Item 811666034014, described as a “Dragonfly OSMO 2P,” is a 2-person outdoor folding tent. The tent is composed of manmade textile materials. The tent has a net weight of 3 pounds 2 ounces, a floor area of 29 square feet, standing height of 41 inches, and a carry size dimension of 19 ½ inches in length by 5 ½ inches in width by 3 ½ inches in height. The tent is imported together with a stuff sack that houses the tent, rainfly, poles, and stakes. Item 811666032706, described as a “Dagger OSMO 2P,” is a 2-person outdoor folding tent. The tent is composed of manmade textile materials. The tent has a net weight of 4 pounds 2 ounces, a floor area of 31.3 square feet, standing height of 42 inches, and a carry size dimension of 19 ½ inches in length by 6 ½ inches in width by 3 ½ inches in height. The tent is imported together with a stuff sack that houses the tent, rainfly, landing zone, poles, and stakes. You state the pertinent manufacturing operations for the “Dragonfly OSMO 2P” and the “Dagger OSMO 2P” tent are as follows: South Korea: Dragonfly- Rainfly and floor: 78 percent nylon and 22 percent polyester fabric is woven, dyed, and impregnated with silicone on the face side and thermoset polyurethane on the back side and shipped in rolls to China. Side wall privacy panel and nightlight pocket on roof: 100 percent nylon fabric is woven, dyed, and impregnated with water repellent finish and shipped in rolls to China. Side wall mesh and roof mesh: 100 percent nylon mesh fabric is woven, dyed, and shipped in rolls to China. Dagger- Rainfly and floor: 75 percent nylon and 25 percent polyester fabric is woven, dyed, and impregnated with silicone on the face side and laminated with thermoset polyurethane on both sides and shipped in rolls to China. Landing zone (Accessory): 100 percent nylon fabric is woven, dyed, and impregnated on both sides with silicone. Side wall privacy panel: 100 percent nylon fabric is woven, dyed, and impregnated with water repellent finish and shipped in rolls to China. Side wall mesh and roof mesh: 100 percent nylon mesh fabric is woven, dyed, and shipped in rolls to China. Taiwan: Dragonfly- Stuff sack: 100 percent nylon fabric is woven, dyed, and impregnated with water repellent finish and thermoset polyurethane on the back side and shipped in rolls to China. Dagger- Stuff sack and stake bag: 100 percent nylon fabric is woven, dyed, and impregnated with water repellent finish and thermoset polyurethane on the back side and shipped in rolls to China. China: Dragonfly- Stuff sack: 100 percent nylon fabric is woven, dyed, and impregnated one both sides with chlorosulfonated polyethylene synthetic rubber. Dagger- Nightlight pocket (inner tent): 100 percent nylon fabric is woven, dyed, and impregnated with water repellent finish. Landing zone (Accessory): 100 percent binding is woven, dyed, and impregnated with water repellent finish. Stuff Bag: 100 percent polyester fabric is woven and dyed for interior lining. Pole Bag: 100 percent polyester fabric is woven and dyed. Pole Bag: 100 percent polyester binding is woven, dyed, and impregnated with thermoset polyurethane. Dragonfly and Dagger- Fabric is cut to shape and size. Fabric is silk printed. Fabric is sewn and hemmed to create a tent, rainfly, landing zone accessory, stuff sack, pole bag, and stake bag. The completed tent is assembled and disassembled. The tent poles are placed into a pole bag. The guy cords are tied to the stakes. The stakes are placed into a stake bag. All components are placed in the respective stuff sack. A hang tag or belly band is attached to the stuff sack. The tents are packaged in cartons and shipped to the United States. ISSUES: What is the country of origin and is the proposed marking, “Product of South Korea, Sewn in China” acceptable for the imported tents? CLASSIFICATION: The applicable subheading for the tents will be 6306.22, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Tarpaulins, awnings and sunblinds; tents (including temporary canopies and similar articles); sails for boats, sailboards or landcraft; camping goods: Tents (including temporary canopies and similar articles): Of synthetic fibers.” Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be “determined according to the terms of the headings and any relative section or chapter notes….” In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. GRI 5(a) provides that “camera cases, musical instrument cases, . . . and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.” As noted above, the tent is imported with its carrying case. In the instant case, the stuff sack (carrying case) is specially shaped to accommodate the tent, rainfly, poles, and stakes. Although the stuff sack is not made of the same material as the tent, the sack is imported with the tent and is sold with the tent. Additionally, the sack does not give the overall merchandise its essential character as the tent is indispensable to the core and structure of the set because the tent is the component that provides shelter. Thus, the essential character of the product is the tent rather than the stuff sack. Accordingly, the stuff sack is classified with the subject tent under subheading 6306.22, HTSUS. COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides the rules of origin for textile and apparel products entered, or withdrawn from warehouse for consumption on and after July 1, 1996. Section 334 of the URAA was amended by section 405 of title IV of the Trade and Development Act of 2000, Public Law 106-200, 114 Stat. 251. Section 102.21 of Title 19 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. Thus, the country of origin of a textile or apparel product will be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of section 102.21 and, where appropriate to the specific context, by application of the additional requirements or conditions of section 102.12 through 102.19 of this part. Section 102.15(a)(1) instructs Customs to disregard packaging materials and containers in which a good is packaged for retail sale that are classified with the good when determining whether the good undergoes the applicable change in tariff classification set out in Section 102.21. Since the sack bag has been determined to be a container in which the tent is packaged for retail sale and classified with the tent, the sack bag fabric is not considered when determining the origin of the tent. Paragraph (c)(1) states, “The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced.” As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable. Para

Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides the rules of origin for textile and apparel products entered, or withdrawn from warehouse for consumption on and after July 1, 1996. Section 334 of the URAA was amended by section 405 of title IV of the Trade and Development Act of 2000, Public Law 106-200, 114 Stat. 251. Section 102.21 of Title 19 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. Thus, the country of origin of a textile or apparel product will be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of section 102.21 and, where appropriate to the specific context, by application of the additional requirements or conditions of section 102.12 through 102.19 of this part. Section 102.15(a)(1) instructs Customs to disregard packaging materials and containers in which a good is packaged for retail sale that are classified with the good when determining whether the good undergoes the applicable change in tariff classification set out in Section 102.21. Since the sack bag has been determined to be a container in which the tent is packaged for retail sale and classified with the tent, the sack bag fabric is not considered when determining the origin of the tent. Paragraph (c)(1) states, “The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced.” As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.Paragraph (c)(2) states, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that