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NY L87460




September 15, 2005

CLA-2-42:RR:NC:3:41 L87460

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Stephanie Anderson
Gerber Legendary Blades, Div. 0f Fiskars Brands Inc. 14200 S.W. 72nd Avenue, PO Box 23088
Portland, OR 97281-3088

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

Dear Ms. Anderson:

In your letter dated August 18, 2005 you requested a classification ruling.

A sample of a backpack, identified as the “Medaltm XC” has been submitted. The pack is made-up of an outer of man-made fiber textile materials. It is designed to have a total volume of 438 cubic inches of which it has a cargo area of 316 cubic inches. The pack incorporates a hydration system that consists of a soft molded plastic reservoir, a plastic drink tube with fabric covered neoprene sleeve, and a plastic on/off bite valve. The hydration system is removable and is inserted into a compartment that is insulated with 0.25” closed cell foam plastic. The backpack is of a kind similar to a knapsack and is designed and principally used to contain provisions, including potable liquids, and other personal effects during travel. The pack possesses the useful functions of storage, protection, organization and portability.

You have suggested that the “Medaltm XC” is classified within tariff number 4202.92.0400, HTSUSA, which provides for:

“Insulated food or beverage bags, with outer surface of textile materials, beverage bags, whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached flexible tubing.”

The plastic components described in tariff number 4202.92.0400 are the same components that make-up what is often referred to as an “ hydration system.”

The submitted sample, “Medaltm XC”, is a form of the Heading 4202 eo nomine named “knapsacks” and “backpacks.” Chapter 42, Additional U.S. Note 1 indicates that items such as a backpack or knapsack are provided within the subheading provision for “travel, sport and similar bags.” It does not only contain the components named in tariff number 4202.92.0400 and it is designed to contain personal effects, including provisions, commonly carried in a knapsack. Therefore, it is not classifiable in HTS 4202.92.0400.

The applicable subheading for the backpack, “Medaltm XC” will be 4202.92.3020 Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel, sport and similar bags, with outer surface of textile materials, of man-made fiber, backpacks. The duty rate will be 17.6 percent ad valorem.

Tariff number 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.

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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