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NY L87461




September 28, 2005

CLA-2-42:RR:NC:3:41 L87461

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.32.00; 3926.90.9880; 6307.90.9889; 4202.92.0400; 4202.92.9026; 8481.80.5090

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 personal hydration system from China

Dear Ms. Anderson:

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

A sample of an item, identified as style 22-11016, “Reservetm-Hunt” has been submitted. The item is designed to be hands free hydration system designed and used to store and serve a potable liquid similar to a sport drink bottle, canteen or flask. The hydration system consists of a soft molded plastic reservoir, a plastic drink tube with nylon covered neoprene wrap, and a plastic on/off bite valve. The reservoir is capable of holding 70 ounces of potable liquid. The hydration system is contained within a backpack like carrier that is worn on the back similar to a backpack. The carrier is of man-made fiber textile materials. The instant sample is of a material identified as “Mossy Oak.”

You have suggested that the “Reservetm Hunt” 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 interior 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.”

You have also requested a separate decision as to each of the hydration components if imported on separate shipments and separately presented for entry. Please note separate classification of a good that is an otherwise whole is accorded only if the components are physically imported on separate shipments and on separate vessels. If separately presented as a part of the same shipment, whether or not separately packed for export, the components are classified as a whole according to the provisions of General Rule of Interpretation 2.

The applicable subheading for the “”Reservetm Hunt”, item 22-11016 will be 4202.92.0400 Harmonized Tariff Schedule of the United States (HTS), 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 duty rate will be 7 percent ad valorem.

The applicable subheading for the plastic reservoir will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for “Other articles of plasticsother, other, other.” The duty rate will be 5.3 percent ad valorem.

The applicable subheading for the plastic tubing, if presented as part of a separate shipment other than other components, will be 3917.32.00, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for tubes, pipes and hoses, of plastics, other tubes, pipes and hoses, other not reinforced or otherwise combined with other materials, without fittings. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the plastic bite valve will be 8481.80.5090, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for taps, valves and similar appliances, other appliances, hand operated, of other materials, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the textile covered neoprene wrap, whether or not presented with the plastic tube, will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles of textile, other, other, other, other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for the textile carrier/cover will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for other containers or cases, other, with outer surface of textile materials, other, of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

Tariff number 4202.92.9026 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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