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NY K85386




May 18, 2004
CLA-2-42:RR:NC:3:341 K85386

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Mark Kittle
Superior Brokerage Services, Inc.
2600 east 81st street
Bloomington, MN 55425

RE: The tariff classification of a Backpack with Hydration System from China

Dear Mr. Kittle:

In your letter dated April 20, 2004 you requested a classification ruling. The request is on behalf of Ergodyne, Inc.

A sample of Ergodyne product number GB5050,”Hydration Pack” has been submitted. The sample will be returned as requested.

Product number GB5050, “Hydration Pack” consists of a backpack that incorporates a water bladder and plastic drink tube with valve within the body of the pack. The pack is made-up of man-made textile materials. The outer surface is of man-made textile materials. It measures approximately 18” high by 10 “ wide. It consists of a main storage compartment and two large storage pockets on the exterior front of the pack. The water bladder is inserted within the main body of the bag and the plastic tubing with drink valve protrudes from a cut out in the top of the pack. The purpose of the bladder with drink valve is primarily to permit a person to take a drink while performing an activity such as hiking. The pack has approximately 350 cubic inches of cargo space. The bladder contains approximately 70 oz. of liquid. Product number GB5050 is sold at retail as part of the Ergodyne fire and rescue gear product line of carrying bags. The front portion of the pack has an inner middle layer of foamed plastics that is approximately 0.125 inches thick. The rear portion is composed of a more substantial and semi-rigid foamed plastic that is laminated on both sides with a woven textile materials. The rear panel is heat molded in the form of a person’s thoracic vertebrae and lumbar. Although the panel has some insulation value, it is principally used to provide a firmer cushion and ergonomic protection for the person when worn on the back. Although Item GB 505 is offered for retail sale in the “Fire and Rescue Gear” section of the Ergodyne catalog, it is of a kind normally used by the general public while engaged in activities such as hiking and biking.

You have indicated that the article should be classified within tariff number 3926.90.9880 which provides for “Other articles of plasticsOther, other, other. General Rule of Interpretation 1, HTSUSA, requires that classification be within the most specific provision according to the language of the Chapters and headings and their Notes. Heading 3926, HTSUSA, is subject to Chapter 39 Legal Note 2(ij) which excludes containers of heading 4202, HTSUSA, from classification therein. If classifiable in heading 4202 , the “Hydration Pack” is precluded from classification in heading 3926, HTSUSA.

Product number GB5050, “Hydration Pack” is a form of a backpack, knapsack or rucksack. Backpacks and knapsacks are items that are eo nomine provided for within Heading 4202, HTSUSA. The term “rucksack” appears as an eo nomine good in the Explanatory Note version of Heading 4202. It is designed and principally used to provide storage, protection, organization and portability for clothing or other personal effects, including provisions, during travel. The backpack is not principally used to maintain the temperature of the liquid or provisions. The useful functions of storage, protection, organization and portability are greater than any preservation value the item may have.

The applicable subheading for style GB 5050, “Hydration Pack” will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, of textile materials, Other, with outer surface of textile materials, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.

Tariff number 4202.92.3020 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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