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NY M83383

May 18, 2006

CLA-2-39:RR:NC:SP:221 M83383


TARIFF NO.: 3926.90.9880

Ms. Barbara Dawley
Meeks & Sheppard
1735 Post Road, Suite 4
Fairfield, CT 06824

RE: The tariff classification of hydration belts with plastic water bottles from China.

Dear Ms. Dawley:

In your letter dated April 27, 2006, on behalf of Fuel Belt, Inc., you requested a tariff classification ruling.

Samples of two products identified as hydration fuel belts were provided with your request. Each hydration belt consists of a knit elastic textile waist belt that features plastic water bottles that are carried on the belt by means of elastic loop carriers. The belts are designed for the use of runners who require frequent access to water or other fluids during long distance runs. In distributing the weight of the water in small plastic bottles about the person, rather than in one large bottle, these products are designed to help an athlete compete at optimum level.

Both belts feature reflective tabs and a Velcro closure. The Terminator 6-bottle belt features 6 water bottles and a detachable ripcord zippered pouch. The pouch measures 3 inches by 4 inches by 1 inch and is designed to hold objects such as an MP3 player, keys or change. The Endurance 4-bottle belt features 4 water bottles and a reflective rear neoprene pocket that is permanently sewn onto the belt. The belts function solely as a holder for the bottles. The belt and plastic water bottles are classified together in the tariff provision applicable to the component that imparts the essential character. The essential character is imparted by the plastic water bottles.

The samples are being returned as you requested.

The applicable subheading for the hydration belts with the plastic water bottles will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 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/.

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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