CLA-2 CO:R:C:G 083718 JLJ 836752

TARIFF: No.: 9403.20.0030

Mr. Byron Johnson
McClary, Swift and Co., Inc.
P.O. Box 370
Blaine, Washington 98230

RE: Tariff classificaton of a camp stool

Dear Mr. Johnson:

You requested a tariff classification for a camp stool with cooler bag imported from Canada. You submitted photographs of this item to our New York office. The photographs were transmitted electronically to this office.

FACTS:

The photographs depict a camp stool with a cooler bag permanently affixed to a steel tubular frame complete with shoulder strap. The top of the frame is covered in order to form a seat. The outside dimensions of the steel tubular frame are 12 inches in width, 14-1/2 inches in length and 12-5/8 inches in height.

The design of the article indicates that it is suitable for use both as a portable camp stool and as a cooler bag. The camp stool can easily be used to cool merchandise. When carried, the bag may be supported by the shoulder strap or held by the top of the X-shaped frame. The seat permits use as a portable stool.

ISSUE:

What is the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of this merchandise?

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LAW AND ANALYIS:

General Rule of Interpretation (GRI) 3, HTSUSA, reads as follows:

3. When...goods are, prima facie, classifable under two or more headings, classification shall be effected as follows:

(a) The heading which provides the most specific description shall be pre- ferred to headings providing a more general description. However when two or more headings each refer to part only of of the materials or substances contained in mixed or composite goods or to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a) shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

(c) When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

We note that your letter states that the principal use of the camp stool is as a camp stool. The design of the instant merchandise, however, indicates that it is equally suitable for use as a portable camp stool and as a cooler bag. The item can be used to cool merchandise. The seat area permits use as a camp stool. Based on this information, it appears that neither GRI 3(a) nor GRI 3(b) applies in this case.

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GRI 3(c) states that when goods cannot be classified by reference to 3(a) or 3(b) they shall be classified under the heading which occurs last in numerical order among the provisions equally meriting consideration. The three tariff porvisions which could apply to this merchandise are as follows:

(1) Heading 4202, HTSUSA, which provides for trunks, suitcases,...knapsacks and backpacks...;

(2) Subheading 9401.79.0010, HTSUSA, which provides for seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: other seats, with metal frames: other: outdoor: with textile covered cushions or textile seating or backing material; or

(3) Subheading 9403.20.0030, HTSUSA, which provides for other furniture and parts thereof: other metal furniture: other: other.

Inasmuch as the last numerical provision is subheading 9403.20.0030, HTSUSA, this is the provision under which the merchandise must be classified.

HOLDING:

The instant camp stool is classified in subheading 9403.20.0030, HTSUSA, dutiable at the general rate of 4 percent ad valorem. Merchandise originating in Canada is eligible for a 3.2 percent ad valorem duty rate under the United States- Canada Free Trade Agreement if all applicable regulations are met.

Sincerely,

John Durant, Director
Commercial Rulings Division