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NY R03382





March 16, 2006

CLA-2-39:RR:NC:SP:221 R03382

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Barbara Dawley
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06824

RE: The tariff classification of hydration belts with plastic water bottles from China.

Dear Ms. Dawley:

In your letter dated March 3, 2006, on behalf of Fuel Belt, Inc., you requested a tariff classification ruling.

Photographs and descriptive literature were provided with your letter. The products are identified as hydration belts. Each hydration belt consists of a textile waist belt that features plastic water bottles that are carried on the belt by means of elastic loop carriers. The “Ultra-Distance 8-Bottle Belt” holds 8 water bottles and the “Revenge 1 4-Bottle Belt” holds 4 water bottles. In distributing the weight of the water in small plastic bottles about the person, rather than in one large bottle, these products are designed to help an athlete compete at optimum level in sports such as long distance running that require frequent hydration. Neither of these hydration belts incorporates pockets or pouches of any kind. The belt functions solely as a holder for the bottles. The belt and plastic water bottles are classified together in the tariff provision applicable to the component that imparts the essential character. The essential character is imparted by the plastic water bottles.

The applicable subheading for the hydration belts with the plastic water bottles will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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