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NY F88883

August 25, 2000

CLA-2-42:RR:NC:3:341 F88883


TARIFF NO.: 3926.90.9880; 4202.92.3020

Mr. Richard Shostak
Mr. Bruce Shulman
Stein Shostak Shostak & O'Hara
1620 L street N.W., Suite 807
Washington, D.C. 20036-5605

RE: The tariff classification of personal hydration systems and backpacks with drink bladders from Mexico and the Philippines.

Dear Mr. Shostak and Mr. Shulman:

In your letter dated June 26th, 2000, on behalf of CamelBak Products, Inc., you requested a classification ruling.

The samples submitted consist of five styles said to be part of the CamelBak product line called "Handsfree Portable Hydration Systems".

Styles #1500, "Lobo" and #12750, "Rocket" consists of a specially shaped and fitted container designed to contain a plastic sheeting drink bladder and a drink tube with mouth piece. The articles are designed to be worn on the back and used to "hydrate' or to take a drink while engaged in a sport activity. Both items have incidental small pockets that do not alter the fact that they are primarily used as a means to take a drink. Styles 1500 and 12750 are more sophisticated versions of a simple canteen, sport drink bottle with cover or a wine skin bag permitting the user to take a hands free drink.

Styles #18000"H.A.W.G.", #19000, "TRANSALP", and #25000, "PEAKBAGGER" are backpacks designed to contain clothing and other personal effects during travel. Each pack is fitted with a plastic sheeting bladder and drink tube in a specially designed pocket of the backpack. Each item is primarily a backpack. The backpacks are manufactured of man-made textile materials.

Classification within the Harmonized Tariff System (HTS) must be according to the General Rules of Interpretation (GRI'S) taken in order. GRI 1 provides that the classification of goods shall be determined according to the terms of the Headings and any relative Section or Chapter Notes.

Heading 4202, HTS, provides for various eo nomine articles which include goods such as backpacks or knapsacks. The Explanatory Notes of Heading 4202 excludes goods that have the character of those of heading 4202 but are not similar.

Styles 1500 and 12750 are made up to resemble and be worn similar to a backpack or knapsack. However, the items are not similar to the goods of Heading 4202, HTS. Although each does exhibit the characteristics of storage, protection and portability that are common to the goods of Heading 4202 none of the heading exemplars are primarily designed to be the container for the beverage itself. Each are more specifically similar to a sport drink bottle with carrier. Each item is of a kind primarily classified in Heading 3926, HTS.

Styles 18000, 19000 and 25000 are in fact backpacks or knapsacks. The fact that each incorporate a drink bladder, assembled into the pack's body, does not alter the fact that each are packs primarily designed to contain clothing and other personal effects during travel. The packs are eo nomine articles of Heading 4202, HTS. Goods which are classifiable in Heading 4202 are excluded from classifcation in chapter 39, HTS, based on Legal Note 2(ij). Therefore classification in Heading 3926 is precluded and cannot be considered.

The applicable subheading for styles 1500 and 12750 will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for styles 18000, 19000 and 25000 will be 4202.92.3020, Harmonized Tariff Schedule of the United States which provides for travel, sport and similar bags, with outer surface of textile materials, other, other, other, of man-made fibers, backpacks. The rate of duty will be 18.6 % ad valorem.

Goods classified within tariff number 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7091.


Robert B. Swierupski

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