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NY R02009

June 15, 2005

CLA-2-76:RR:NC:N1:113 R02009


TARIFF NO.: 7616.99.1000

Mr. Jeff Tooze
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of backpack frames from the Philippines

Dear Mr. Tooze:

In your letter dated May 18, 2005, on behalf of your division, Mountain Hardwear, Inc., you requested a tariff classification ruling.

The merchandise is backpack frames, style numbers OU1893, OU1897, OU1894 and OU1898. The frames are made of two aluminum alloy tubes held in place by several components. They include a padded nylon hip belt and shoulder harness. After importation, they will be attached to separately imported backpacks in the United States and sold as one unit.

The applicable subheading for the frames will be 7616.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of aluminum, luggage frames. The rate of duty will be free.

You mention in your letter that you are considering importing the frames and backpack bags together on the same conveyance, but packaged and invoiced separately. If these articles arrive in the USA in the same shipment, but merely packaged separately, the classification will be based on GRI 2(a). GRI 2(a) provides for goods imported unfinished and/or unassembled. Your inquiry does not provide enough information for us to give a classification ruling for this situation. Your request for a classification ruling should include:
the country of origin of each component, a sample of the backpack assembled and unassembled and in its condition as imported, the composition of the exterior surface material of the pack and the fiber content by weight (if of textile materials), a detailed description of the final assembly process in the USA, Are similar or same hardware accessories sold separately at retail in the USA? Submit a copy of the catalog or provide the Web page address depicting the finished backpack and frames.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 James Smyth at 646-733-3018.


Robert B. Swierupski

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