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NY M80868




March 8, 2006

CLA-2-42:RR:NC:N3:341 M80868

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Zoe Greye
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of backpacks with AvaLung from the Philippines

In your letter received February 10, 2006, you requested a classification ruling.

The submitted samples are identified as the “COVERT” and the “ANACHIST” pack. Each item is a backpack wholly made-up of man-made fiber textile materials. The packs are designed to contain clothing and other personal effects during travel. Each backpack has a breathing tube with bite valve incorporated into the shoulder strap and a small plastic breathing device incorporated into the top collar portion of the pack. The breathing device is patented and identified as the AvaLung. The AvaLung is intended for use only if the wearer is buried in an avalanche of snow. It is designed to extract air from the snow however the included literature states: ”The AvaLung merely provides access to a potential supply of air if you otherwise survive an avalanche.” You have suggested that each backpack with Avalung is classified as set.

Classification of goods within the Harmonized Tariff System (HTS) is according to the General Rules of Interpretation (GRIs) taken in order. General Rule of Interpretation 1 provides that classification shall be determined according to the terms of the Headings and any relative Section or Chapter Notes. GRI 3(a) provides that in instances wherein goods are prima facie classifiable under two or more Headings, classification shall be within the most specific description.

“Backpacks” are eo nomine provided in Heading 4202, HTS, wherein articles that are designed to contain clothing or other personal effects during travel are provided. In addition, the two submitted backpacks are principally used as such. The AvaLung is classifiable in Heading 9020, HTS, as an “other breathing appliance. ” The backpacks are most specifically described and provided within the eo nomine provision and according to the principal use as a backpack.

The applicable subheading for the “COVERT” and “ANARCHIST” will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers, backpacks. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Tariff number 4202.92.3020 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.

Sincerely,

Robert B. Swierupski
Director,

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