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HQ 964216





January 30, 2001

CLA-2 RR:CR:GC 964216 AM

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.10

Port Director
U.S. Customs Service
4477 Woodson Road
St. Louis, MO 63134-3716

RE: Internal Advice (00/15); backpack frame

Dear Port Director:

This is regarding your memorandum (TRA-1-SL:IS JBR), dated May 11, 2000, forwarding Internal Advice (00/15), which was initiated by letter dated May 10, 2000, by counsel on behalf of the American Recreation Products, regarding the classification of backpack frames under the Harmonized Tariff Schedule of the United States (HTSUS). We have also considered counsel's supplementary submission dated January 25, 2001, and examined a sample of the article.

FACTS:

The merchandise is an external aluminum backpack frame. Nylon padded straps, that fasten with plastic buckles, are sewn to a nylon webbing and are attached to the frame with aluminum clevis pins and keywires as well as with unpadded straps, also sewn to the nylon webbing, which buckle around the frame. Sewn together as such, the nylon webbing, straps and buckles constitute a single article that may be detached from the frame. The buckled padded straps create shoulder straps and a waist belt. The frame is a product of Korea, finished in and imported from the Phillipines. A backpack is attached to the frame with aluminum clevis pins and keywires in the U.S. and sold attached to the frame.

ISSUE:

Whether the backpack frame is classified in heading 6307, HTSUS, the provision for "[O]ther made up articles, including dress patterns," or in heading 7616, HTSUS, the provision for "[O]ther articles of aluminum." Within heading 7616, HTSUS, whether the backpack frame is classified in subheading 7616.99.10, the provision for "[O]ther articles of aluminum: [O]ther: [L]uggage frames", or in subheading 7616.99.50, the provision for "[O]ther articles of aluminum: [O]ther: [O]ther."

LAW AND ANALYSIS:

Merchandise imported into the United States is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See, T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989).

GRI 2(b) requires that goods consisting of different materials be classified according to the principles of GRI 3. GRI 3(a) requires that amongst competing headings, the most specific heading be used, but headings which refer to part only of the goods are equally specific. GRI 3(b), provides that composite goods consisting of different materials or made up of different components, shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Explanatory Note 3(b)(VIII) to GRI 3(b) states that essential character may be determined by "the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods."

The HTSUS headings under consideration are as follows:

6307 Other made up articles, including dress patterns

Other articles of aluminum

Within heading 7616, HTSUS, the subheadings under consideration are as follows:

7616 Other articles of aluminum:

7616.99 Other:

7616.99.10 Luggage frames

7616.99.50 Other

The aluminum backpack frame also consists of a textile webbing which fastens straps with plastic buckles to the frame. As such, each of the above listed headings refer to "part only of the goods" and hence, the instant merchandise is a composite good described in GRI 3. The aluminum frame comprises the bulk and most of the weight of the finished article as well as playing the greatest role in supporting and shaping the backpack. The made-up nylon article allows the frame to be attached comfortably to its user, but this is a lesser role in the function of the backpack frame. Hence, the backpack frame is classifiable in heading 7616, HTSUS, the provision for "[O]ther articles of aluminum."

Within heading 7616, HTSUS, we next consider classification at the 8 digit level and therefore the ENs do not discuss the issue. Counsel argues that since backpacks are "luggage," in accordance with dictionary definitions and classification under the Tariff Schedule of the United States (TSUS), the predecessor to the HTSUS (see HQ 082014, dated Sept. 27, 1988, HQ 823199, dated May 7, 1987, HQ 075486, dated Feb. 15, 1985, and HQ 069087, dated Jan. 20, 1982), the backpack frame is eo nomine provided for as a "luggage frame" under subheading 7616.99.10, HTSUS. We agree that a backpack is a type of "luggage" under the HTSUS in that it is a container for a traveler's belongings.

Our research discovered only one case that discusses a product that would be considered a "luggage frame." In Samsonite Corporation v. U.S., Court No. 82-10-01383 (C.I.T., Dec. 2, 1988), the court, in deciding another issue, describes "frame assemblies" as steel strips, which were bent, riveted to sheets of plastic and internally fastened to sewn bags of vinyl to form light-weight luggage. Id. at 909. The court also notes that such a luggage frame imparts "the intended overall form and structural stability of the finished luggage." Id. at 910.

Using GRI 6, the terms of the subheading describe the instant merchandise as well. The backpack frame at issue imparts the intended overall form and structural stability of the finished backpack. The backpack is only sold once riveted to the frame and could not perform its function as an easily transportable bag for travel items without the frame.

HOLDING:

The product is classified in subheading 7616.99.10, HTSUS, the provision for "[O]ther articles of aluminum: [O]ther: [L]uggage frames."

You are directed to mail this decision to the internal advice applicant, no later than 60 days from the date of this letter. On that date the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.gov, by means of the Freedom of Information Act, and other public methods of distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division


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