CLA-2-63:OT:RR:NC:N3:351
Mr. Andrew Ferguson
Osprey Packs
955 West White Dr.
Ogden, UT 84404
RE: The tariff classification of an avalanche airbag unit from Vietnam
Dear Mr. Ferguson:
In your original letter dated July 9, 2020, and resubmission, dated September 3, 2020, you requested a tariff classification ruling. A sample was provided to this office and will be returned per your request.
Style# 10002645, described as a “Soelden Pro Avy Airbag Pack 32L,” is an avalanche airbag unit designed like a backpack with several zippered compartments and padded shoulder straps. The avalanche airbag unit is composed of nylon and polyethylene fabric. Attached to the straps is the trigger system, used to deploy the airbag. The two shoulder straps are connected by a sternum strap. A hip belt is attached to the avalanche airbag and a single leg loop is attached to the hip belt. This is designed to fit between the user’s legs in the event of an avalanche. The left hip belt strap contains one zippered pocket to store personal items.
The avalanche airbag unit has three compartments: the outer compartment intended to carry additional safety equipment such as a shovel, probe, and beacon; the middle compartment that houses the compressor and provides space for personal items; and the inner compartment that stores the uninflated airbag unit. The compressor can be charged via a micro USB port or regular AA alkaline batteries (not included) can be used. The zipper closure on the inner compartment is designed to open when the airbag has been activated. The Pack also features adjustable straps on the exterior designed to carry skis or snowboards and compression straps designed to compress the storage space in order to eliminate excess bulk while the pack is in use.
The “Soelden Pro Avy Airbag” is worn on the back to protect the user, by keeping them afloat in the event of an avalanche. In the event of an avalanche, the user would pull the activation trigger, which turns on the compressor, inflating the airbag unit. This allows the user to remain afloat and avoid being buried during the course of the avalanche, and also allowing the user to avoid suffocation from burial.
In your request, you have suggested that the “Soelden Pro Avy Airbag 32L” is classifiable under heading 4202, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper:” The pack will simply be used to secure the airbag unit to the user prior to its deployment in the event of an avalanche. The article as a whole is intended to provide safety to the user. It is not used in the traditional manner of backpacks sold on their own in the marketplace. Therefore, classification under subheading 4202, HTSUS, is not appropriate.
You also suggest that the “Soelden Pro Avy Airbag 32L” is classifiable under subheading 9506.99.6080, HTSUS, which provides for other “Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games….”, however, the airbag unit with backpack is merely worn in anticipation of an avalanche while participating in winter sport activities such as skiing, snowboarding. We do not consider “The Soelden Pro Avy Airbag 32L” neither a requisite or necessary component used in the aforementioned activities. Furthermore, this type of item is not similar to the exemplars listed in the Explanatory Notes for heading 9506. Therefore, classification under subheading 9506.99.6080, HTSUS, is not appropriate.
The applicable subheading for “Soelden Pro Avy Airbag 32L” described as an avalanche airbag backpack will be 6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The duty rate will be 7 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 the World Wide Web at https://hts.usitc.gov/current.
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 Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division
Mr. Michael Murray
DeSales Trading Company, Inc.
P.O. Box 269
Burlington, NC 27216