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NY G82296

September 21, 2000



TARIFF NO.: 4202.92.4500

Mr. Tim Parsons
5 Thunderbird Drive
Novato, CA 94949

RE: The tariff classification of a backpack with "Hydrasak" from China

Dear Mr. Parsons:

In your letter dated September 8th, 2000 you requested a classification ruling.

A sample of item "B" HP 125, "KEG" has been submitted. The article consists of a full function mountain backpack. The backpack has one center main storage compartment for clothing or other personal effects. The center compartment has a fabric divider so that the contents may be separated. Two removable "Hydrasak" drink bladders may be placed within the rear section and held upright by plastic clasps sewn to the interior top of the backpack. . The "Hydrasak" is a patent pending bladder with "Gulp Valve" and plastic hose. The backpack has small left and right side tube ports through which the drink tubes of the "Hydrasak" bladders are inserted. The backpack has padded shoulder straps and waist suspension belt. The exterior has several zippered and open storage pockets. Blackburn, a division of Bell Sports will sell the item under the Hydrapak label. You have indicated that Bell Sports will be the importer of record.

The main body of the pack is manufactured of alternating panels of man-made textile materials and embossed Polyvinyl Chloride (PVC) sheeting of plastics. The PVC sheeting is embossed on the exterior surface to simulate a nylon fabric. You have indicated that the backpack is 57 % of PVC sheeting and 43% of textile materials. The exterior surface appears to be equally of both materials and neither material imparts the Essential Character of the pack. The classification of item "B" HP 125 "KEG" will be according to General Rule of Interpretation 3(c) which provides that, wherein no essential character can be determined, classification is according to that which appears last among the competing provisions. The competing provisions are HTS 4202.92.30, outer surface of textile materials and 4202.92.45, outer surface of a sheeting of plastics.

The applicable subheading for "B" HP 125 "KEG" will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsother. The duty rate will be 20% 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.


Robert B. Swierupski

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