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NY F89611

August 25, 2000

CLA-2-42:RR:NC: 3 : 341 F89611


TARIFF NO.: 3926.90.9880

Mr. Tim Parsons
Parsons Trading
5 Thunderbird Drive
Novato, CA 94949-5883

RE: The tariff classification of a "Hydrapak" from China.

Dear Mr. Parsons:

In your letter dated July 11th, 2000, you requested a classification ruling.

A sample of item H 85, "Ammo," has been submitted. The HydraPak hydration unit is designed to provide hands-free access to a potable liquid while the user is engaged in a physical activity such as biking, hiking or climbing. The unit consists of two bladders, called “HydraSaks,” designed to contain and dispense liquids, in a backpack style carrier, called a “HydraPak.” The carrier conforms basically to the size and shape of the bladders it is designed to contain, and includes adjustable shoulder straps so that it may be worn on the back. The carrier has an outer surface of textile fabric, and incorporates foam padding for cushioning and insulation. A plastic tube extends from the bottom of each bladder, out through the side of the carrier, to a point where it is close to the user’s mouth. A plastic valve, identified as a gulp valve, is connected to the end of the tube. The user may bite down on this valve to obtain fluid without ceasing the physical activity.

The carrier features a front narrow pocket which does not expand at the bottom, three small zippered pockets for small personal effects and a open mesh holder on the exterior front, in addition to the central compartment which holds the bladder. However, the pockets are relatively small and flat and do not significantly expand the capacity of the HydraPak for carrying other items in addition to the fluid bladder. The essence of the hydration unit is its ability to store and efficiently provide liquid nourishment or refreshment. Therefore, the essential character is imparted by the bladders rather than by the backpack type carrier.

Each bladder is made from two panels heat sealed together on three sides. One panel is made from a layer of noncellular transparent plastic sheeting laminated to a layer of woven man-made textile fabric. The other panel is made from transparent plastic sheeting. The top of the bladder, which is also made of transparent plastic sheeting, opens to allow filling, and folds over and seals closed with “Velcro” type hook and loop fastener tape. A plastic fitting attaches the plastic tubing to the bladder. The essential character of the bladder is imparted by the plastic components. The sample is being returned as you requested.

The applicable subheading for this hydration carrier, which contains two bladders made essentially of plastic components, 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.

Your sample is being returned as requested.

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 or National Import Specialist Joan Mazzola at 212-637-7034.


Robert B. Swierupski

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