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NY K86957




July 9, 2004
CLA-2-42:RR:NC:3:341 J86957

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 4202.92.9026

Brian Wavra
Sourcing Manager
Johnson Outdoors
555 Main Street
Racine, WI 53403

RE: The tariff classification of a mesh bag and hydration system from China

Dear Mr. Wavra:

In your letter dated June 9, 2004 you requested a tariff classification ruling. You have submitted samples of two articles. Your samples are being returned as requested.

The first sample, identified as style ES-HYD, is commonly known as a hydration system. It is wholly of plastics and consists of a bladder fitted with a drink tube and bite valve. You have requested a classification decision if presented both with and without sample two. The classification indicated below will apply to the plastic hydration system whether or not presented with sample two.

The second sample, identified as Style ES RET PAK (Retro Pack), is a storage bag. The bag measures approximately 7”W x 10 ½”H. The front consists of a top panel and two bottom corners of 100 percent woven nylon fabric and a bottom panel of textile mesh coated on the exterior with a plastic material. The rear panel is of an open mesh of man-made fiber materials. A zipper secures the top of the bag. Two strips of polypropylene webbing are attached to the back of the item with molded plastic fittings on both ends. One hundred percent polypropylene webbed straps with plastic fittings are stored in the bag. The bag is not insulated and not principally used to maintain the temperature of a stored beverage. The bag is not designed nor fitted to contain an item commonly known as a hydration system. In a previous correspondence, you have indicated that the ES-RET PAK is a life vest accessory.

The applicable subheading for style ES-HYD, hydration system, will be 3926.90.9880, HTS, which provides, in part, for other articles of plastics, other, other, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for the Style ES RET PAK (Retro Pack) will be 4202.92.9026, HTS, which provides, in part, for other containers, with outer surface of textile materials or of sheeting of plastics, other. The duty rate will be 17.8 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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