CLA-2-42:OT:RR:NC:N4:441
Steve Baillie
Arc’Teryx Equipment, Inc.
100-2155 Dollarton Highway
North Vancouver, British Columbia
Canada V7H 3B2
RE: The tariff classification of hydration packs from the Philippines
Dear Mr. Baillie:
In your letter dated January 22, 2013, you requested a tariff classification ruling. You have submitted a sample which will be returned to you.
You have referred to your sample as model #13670, Chilcotin 8L Hydration Pack. It is constructed with an outer surface of man-made textile material. It is similar in design to a backpack and includes two straps that can be worn over the shoulders and on the back. It features a textile lined interior compartment, a zipper closure, three zippered exterior pockets, and two sets of additional straps that wrap around the user’s body for extra support. The interior of the pack has a plastic bladder with a drink tube and a plastic bite on/off valve. The interior of the pack has a fitted sleeve to contain the bladder and a slot at the top of the pack for the drink tube. This configuration gives the user hands-free access to the beverage. The pack and sleeve are sold as a single unit. The pack has a total volume of 488 cubic inches of which the cargo area (for articles beyond that of the filled bladder) is 366 cubic inches.
In your letter you state that there are two additional versions of this hydration pack, models #13669 and #13668. You have not submitted samples of these models. You state that they are identical to model 13670 (described above) except that they have cargo areas of 610 cubic inches and 1220 cubic inches, respectively. Please note that this letter is only applicable to the articles exactly as described above. Any variation, even minor, may affect the classification.
The applicable subheading for models 13670, 13669, and 13668 will be 4202.92.0400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, with outer surface of sheeting of plastic or of textile materials, insulated food or beverage bags, with outer surface of textile materials, beverage bags whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through an attached flexible tubing. The rate of duty will be 7% 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 Vikki Lazaro at (646) 733-3041.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division