Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a foldable water bottle/freezable ice pack from China

Dear Ms. Aldinger:

In your letter dated August 30, 2011, you requested a tariff classification ruling. A sample was submitted with your letter.

The product is identified as the HydroPack 26 oz foldable water bottle/freezable ice pack, item number 9008173. The item is a foldable empty bottle composed of a laminate consisting of polyester plastic, nylon plastic, aluminum foil and polyethylene plastic. The three plastic layers account for over 95 percent of the thickness of the laminate and these components impart the essential character. When empty, the water bottle is flat and can be folded or rolled up for convenient transport and storage. When filled, the water bottle can stand upright. The water bottle is reusable, dishwasher safe and has a threaded plastic cap and pop-up drinking spout. It has a metal carabiner clip threaded through a hole at the bottom corner so that it can be attached to a belt loop or backpack.

The applicable subheading for the foldable water bottle will be 3926.90.9980, 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

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
National Commodity Specialist Division