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NY L87459

September 15, 2005

CLA-2-42:RR:NC:3:341 L87459


TARIFF NO.: 4202.92.3031

Ms. Stephanie Anderson
Gerber Legendary Blades, Div. 0f Fiskars Brands Inc. 14200 S.W. 72nd Avenue, PO Box 23088
Portland, OR 97281-3088

RE: The tariff classification of a waist pack with hydration system from China

Dear Ms. Anderson:

In your letter dated August 18, 2005 you requested a classification ruling.

A sample of a waist pack with hydration system has been submitted. It is identified as the “Quadranttm Hunting Hydration Pack”, item 22-11023. The article is similar to that currently shown on the Gerber WEB site for “Hunting” packs and identified as item 1023. Item 22-11023 consists of a composite of a travel waist pack with built-in lumbar support and the Gerber hunting hydration pack identified as the “Reserve tm. The pack is made-up of an outer of man-made fiber textile materials. It is designed to have a cargo volume of 630 cubic inches. The Reserve tm hydration system is capable of holding 70 ounces of potable liquid. The combination of the waist pack and the hydration system create a whole that has the useful characteristics of storage, protection, organization and portability for clothing or other personal effects including provisions.

You have suggested that the Quadrant tm hunting hydration pack is classified within tariff number 4202.92.0400, HTSUSA, which provides for:

“Insulated food or beverage bags, with outer surface of textile materials, beverage bags, whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached flexible tubing.”

The plastic components described in tariff number 4202.92.0400 are the same components that make-up what is often referred to as a “ hydration system” that are put-up in an insulated bag or carrier.

The submitted sample, as a whole, is a form of an eo nomine “traveling bag” or “sport bag” of Heading 4202. HTSUSA. Chapter 42, Additional U.S. Note 1 indicates that such items are provided within the subheading provision for “travel, sport and similar bags.” Item 12-11023 does not only contain the components named in tariff number 4202.92.0400 and it is designed to contain personal effects, including provisions, during travel. Therefore, it is not classifiable in HTS 4202.92.0400.

The applicable subheading for the waist bag with hydration system will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel, sport and similar bags, with outer surface of textile materials, of man-made fiber, backpacks. The duty rate will be 17.6 percent ad valorem.

Tariff number 4202.92.3031 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 otexa.ita.doc.gov.

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 646-733-3041.


Robert B. Swierupski

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