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NY E84882




August 5, 1999

CLA-2-63:RR:NC:TA:352 E84882

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Natasa Peric
Academy Corp.
1800 North Mason Road
Katy, TX 77449

RE: The tariff classification of a “Hydra-Pack Bottle” from Taiwan.

Dear Ms. Peric:

In your letter received by this office July 16, 1999, you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is a “Hydra-Pack Bottle”, style number BG-800. It consists of a carryall bag and a water bottle. The carryall bag is used to carry the water bottle. The bag is constructed of a woven textile fabric outer shell and a knit fabric laminated with foam lining. The back panel has foam padding between the outer shell and lining. It has an opening at the top that is held closed with strips similar to the VELCRO brand fastener. The front exterior side has a zippered pocket and an open pocket constructed of open work knit fabric. Laced across this pocket is an elastic stretch cord. Attached onto each side is a textile flap with an adjustable web fabric belt with plastic buckle. The water bottle is made of two panels. One panel is constructed of plastic material and the other panel is of woven textile fabric. The two panels are fused together on all sides. There is an opening on one side with a plastic fitting and attached onto the lower end of the same side is a plastic tube with a plastic closure at one end.

The two components, the bag and the water bottle, are a composite good. Based upon the function, the container that holds the water, imparts the essential character to this composite article. The water bottle in turn is a composite good composed of textile fabric and plastic material. Since both materials play a significant part in the construction, no essential character can be determined. When no essential character can be determined General Rule of Interpretation 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 those which equally merit consideration.

The applicable subheading for the “Hydra-Pack Bottle” will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Part 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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