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NY M85082




August 02, 2006

CLA-2-42:RR:NC:N3:341 M85082

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Ave. South
Kent, WA 98032

RE: The tariff classification of hydration backpacks from China

Dear Ms. Scott:

In your letter dated July 13, 2006, you requested a tariff classification ruling on behalf of your client, Recreation Equipment, Inc. (REI) , of Auburn, Washington.

You submitted five (5) samples of what you call hydration packs. This ruling covers the following samples: Sample #1, Novara Big Drop Hydration Pack – Item #733839; Sample #3, Novara Breeze Hydration Pack – Item #733845; Sample #4, Runoff HF Hydration Pack – Item #733495; and Sample #5, Cascade Hydration Pack – Item #733489.

Your inquiry does not provide enough information for us to give a classification ruling on sample #2, Novara Flow Hydration Pack – Item #733843. Your request for a classification ruling must include a value breakdown for all components. When this information is available, you may wish to consider resubmission of your request. We are retaining the sample and exhibits for sixty (60) days. In addition, we are retaining samples 1 and 3 as official samples with this file. The other samples will be returned as you have requested.

Each item is essentially a knapsack or backpack that is manufactured to include a water bladder and drink tube with a plastic “Bite Me Valve with magnetic clip” incorporated into the body of the pack. The packs all have padded shoulder straps, padded back, and padded waist straps.

Sample #1 is described as being 18” x 7” x 4.5” and can carry 3 liters of water. In addition to the compartment for the bladder, there is a full-size zipper compartment with a mesh pocket (3’ deep) and a keychain clip. The outermost surface is another zippered compartment, only slightly smaller, that contains two mesh pockets, each 5” deep, and a loop of hook-and-loop fastener strips that might wrap around a flashlight or similar item.

Sample #3 is described as being 15” x 5” x 3” and can carry 3 liters of water. In addition to the compartment for the bladder, there is an 11” compartment that opens with a 9” vertical zipper, containing a mesh pocket (5” deep) and a keychain clip.

Sample #4 is approximately 19” x 11” x 5” and can carry 2 liters of water. The bladder fits into a hard plastic shell that allows other items to be stored and carried in the same compartment as the bladder. A 12”-deep pocket closes with a buckle. An 8” zippered pocket contains two 4”-deep mesh pockets and a keychain clip. In addition, there are two open mesh pockets (6” deep), one on each side. The bag has a top carry handle.

Sample #5 is approximately 22” x 12” x 7” and can carry 3 liters of water. The bladder fits into a hard plastic shell that allows other items to be stored and carried in the same compartment as the bladder. A 10”-deep zippered pocket contains two 3”-deep mesh pockets and a keychain clip. In addition, there are two expandable zipper pockets (7” deep), one on each side. The bag has a top carry handle.

The packs are designed and used to contain personal effects, equipment and provisions during travel. The bladder and drink tube features are designed to provide a convenient means of personal hydration similar to a sports drink bottle. In your letter, you describe each pack as
more than a backpack and is more of a small travel cooler that fits on your back. [Each] hydration pack consists of a backpack that incorporate[s] a water bladder . . . The hydration pack is neither considered nor marketed as a rucksack. The hydration pack is purchased because it is a beverage bag . . . therefore the more correct classification . . . would be 4202.92.0400.

Tariff number 4202.92.0400, Harmonized Tariff Schedule of the United States (HTSUS), provides for, in part, insulated food or beverage bags whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached tube. The expression “insulated food or beverage bags” is clarified in the heading 4202 Explanatory Notes wherein the expression covers reusable bags used to maintain the temperature of food or beverages during transport or temporary storage. Additional U.S. Rule of Interpretation 1(a) defines the scope of “used” to mean the principle use of the article.

Samples 1, 3, 4, and 5 are designed and used to provide storage, protection organization and portability for personal effects, tools, accessories and provisions during travel. The four samples do not only include the flexible container and attached flexible tubing. They are eo nomine forms of the named “knapsacks” and “backpacks” of HTS 4202 as defined in Chapter 42, Additional U.S. Note 1.

The applicable subheading for Sample #1, Novara Big Drop Hydration Pack – Item #733839; Sample #3, Novara Breeze Hydration Pack – Item #733845; Sample #4, Runoff HF Hydration Pack – Item #733495; and Sample #5, Cascade Hydration Pack – Item #733489 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, of man-made fibers, backpacks. The rate of duty will be 17.6% ad valorem.

Tariff number 4202.92.0400, HTSUS, 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 www.otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 341 at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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