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NY M81693

March 28, 2006

CLA-2-42:RR:NC:3:341 M81693


TARIFF NO.: 4202.92.3031

Ms. Courtney Cabin
Phoenix International Freight Services Ltd. 855 IL Route 83
Bensenville, IL 60106-1219

RE: The tariff classification of “Hydro-Pack” from Vietnam.

Dear Ms. Cabin:

In your letter dated February 27, 2006, you requested a classification ruling. The request is on behalf of Lemans Corporation. .
The submitted samples are identified as articles #3517-0064 “Vapor Hydro” and #3517-0065, “Hydrant Hydro.” The pack is of man-made fiber textile materials. Each item is essentially a knapsack or backpack that is manufactured to include a water bladder and drink tube with bite valve of plastic incorporated into the body of the pack. The packs are designed and used to contain personal effects, equipment and provisions during travel. The bladder and drink tube are designed to provide a convenient means of personal hydration similar to a sports drink bottle. The samples will be returned as requested.

You have suggested classification within tariff number 4202.92.0400, HTSUS which provides for, in part, for insulated food or beverage bags whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached tube. The expression “insulated food or beverage bags” is clarified in the heading 4202 Explanatory Notes wherein the expression covers reusable bags used to maintain the temperature of food or beverages during transport or temporary storage. Additional U.S. Rule of Interpretation 1(a) defines the scope of “used” to mean the principle use of the article.

The two samples are designed and used to provide storage, protection organization and portability for personal effects, tools, accessories and provisions during travel. The two samples do not only include the flexible container and attached flexible tubing. The two samples are eo nomine forms of the named “knapsacks” and “backpacks” of HTS 4202 as defined in Chapter 42, Additional U.S. Note 1.

The applicable subheading for articles #3517-0064 and # 3517-0065 will be 4202.92.3031, 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. 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 4202.92.3031 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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