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NY L85377




June 13, 2005

CLA-2-42:RR:NC:TA:341 L85377

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Mr. Gordon Rahschulte
UPS Trade Management, Inc.
12380 Morris Road
Alpharetta, GA 30005

RE: The tariff classification of knapsacks with hydration systems from Vietnam.

Dear Mr. Rahschulte:

In your letter dated May 27, 2005, on behalf of BlackHawk Products Group, you requested a classification ruling for knapsacks that incorporate a hydration system.

You have submitted a request for the classification of five items. Samples of four items have been received. They are identified as follow:

Style 7200 “HydraStorm Matrix”.
Style 65300 “HydraStorm Strike Cyclone 100 oz”. Style 6800 “HydraStorm Force 5”.
Style 65200 “HydraStorm Strike Predator 100 oz” (sample not included). Style 65100 “HydraStorm Strike Tsunami 100 oz”.

The items are knapsacks that incorporate a hydration system that consists of a plastic water bladder and drink tube with valve within the body 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 during travel. The exterior surface of each pack is made of 100% nylon man-made fiber textile material. Each is primarily an eo nomine “knapsack” form of traveling bag. Your samples are being returned as requested.

The applicable subheading for the hydration systems will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3020 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

The submitted samples are not legally marked with the country of origin as required by the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). The statute provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The submitted samples are marked by means of a sewn-in label that is not conspicuously located. It is recommended that the label be placed In a location wherein the ultimate consumer is able to find and easily read it without strain.

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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