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NY F85417




April 7, 2000

CLA-2-39:RR:NC:SP:221 F85417

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 6307.90.9989

Mr. Tim Parsons
Parsons Trading
5 Thunderbird Drive
Novato, CA 94949

RE: The tariff classification of “HydraSak” hydration units from China.

Dear Mr. Parsons:

In your letter dated March 9, 2000, you requested a tariff classification ruling.

The four samples submitted with your request are identified as models “Creekflow,” “Clearstream,” “Pipeline,” and “Amazon.” The HydraSak hydration units are designed to provide hands-free access to a potable liquid while the user is engaged in a physical activity such as biking, hiking or climbing. Each unit consists of a bladder to contain and dispense liquids, called a “HydraSak,” in a backpack style carrier, called a “HydraPak.” Each carrier measures approximately16 inches in height by 7 inches in width, conforming basically to the size and shape of the bladder it is designed to contain, and includes adjustable shoulder straps so that the carrier may be worn on the back. The carriers are made of embossed noncellular plastic sheeting backed with woven textile fabric, and incorporate foam padding for cushioning and insulation. The bladders have capacities of up to 100 fluid ounces. A plastic tube measuring approximately 36 inches in length extends from the bottom of each bladder, out the top of the carrier, to a point where it is close to the user’s mouth. The user may bite down on the valve at the end of the tube to obtain fluid without ceasing the physical activity.

Each of the carriers features external pockets in addition to the central compartment which holds the bladder. However, the pockets are relatively small and flat and do not significantly expand the capacity of the HydraPaks for carrying other items in addition to the fluid bladder. The essence of the hydration unit is its ability to store and efficiently provide liquid nourishment or refreshment. Therefore, the essential character of the hydration unit is imparted by the bladder rather than the backpack type carrier.

The bladders are constructed in two different ways. The Amazon, Creekflow and Clearstream models contain bladders made from laminated fabric. The fabric consists of a layer of noncellular clear plastic sheeting laminated to a layer of woven man-made textile fabric. Material of this construction is considered to be of textile for tariff classification purposes. The laminated fabric is cut to shape and the edges heat sealed together on three sides to form the bladder, with the textile layer on the outer side and the plastic layer on the inside. The top of the bladder is open to allow filling, and folds over and seals closed with “Velcro” type hook and loop fastener tape. The bladder incorporates some plastic components and plastic tubing, but consists essentially of textile fabric.

The Pipeline model has a bladder made from a front panel and back panel heat sealed together on all sides. One panel is made from the same laminated textile fabric used in the manufacture of the Amazon, Creekflow and Clearstream bladders. The other panel is made from clear plastic sheeting. Fluid is introduced into the bladder through a large plastic fitting with threaded opening and attached cap. A second plastic fitting attaches the plastic tubing to the bladder. The essential character of the Pipeline model bladder is imparted by the plastic components. The samples are being returned as you requested.

The applicable subheading for the Pipeline model hydration unit, which contains a bladder made essentially of plastic components, will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the Amazon, Creekflow and Clearstream models, which contain bladders constructed essentially of laminated textile fabric, will be 6307.90.9989, 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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