The tariff classification of hydration packs from China

N216856 June 5, 2012 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3926.90.9980 Mr. Paul Cherry VestPac, Inc. P.O. Box 3393 1055 Gregory Lane Jackson, WY 83001 RE: The tariff classification of hydration packs from China Dear Mr. Cherry: In your letter dated April 4, 2012, and your undated follow-up letter received on May 9, 2012, you requested a tariff classification ruling. A sample identified as the JacksonPac air mesh hydration pack was included with your letter and is being returned as requested. The product, which is also called a VestPac Gadget Pack, consists of a plastic bladder fitted with a drink tube and bite valve that fits into a textile pouch that is worn on the back. It is designed to provide hands-free hydration, particularly during sports activities. The JacksonPac model includes a pouch that is worn on the front of the chest and that attaches to the pack system by means of straps. The front pouch incorporates two pockets that can fit small accessories such as a cell phone, music player or pocket camera. The back pouch is completely dedicated to containing the hydration component. The pouch has no means of closure and the hydration component is partially exposed at the top. The back pouch is not designed to contain a variety of articles nor does it have storage capacity for articles other than the bladder. The front and back pouches are constructed with a textile mesh that allows air circulation. Although the product is described as a “VestPac,” the small front pouch and the large back pouch are attached to each other only by means of top and side straps, leaving the wearer’s shoulders and sides completely exposed. The VestPac Gadget Pack does not have shoulder coverage or armholes and is not considered to be a vest or any other type of garment for tariff purposes. The primary function of the product is to contain and dispense liquids. The essential character of the JacksonPac hydration pack is imparted by the plastic drinking bladder. The applicable subheading for the JacksonPac hydration pack 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 http://www.usitc.gov/tata/hts/. We note that the front pouch and the back pouch are each stamped with the words “Jackson Hole, WY” below the words “VestPac.” A card measuring 5 ¼ inches by 2 ¾ inches that is printed with marketing information about the hydration pack is attached with a plastic tagging barb. The card is printed on one side with the words “Designed in Jackson Hole, WY, USA” and “Made in China” and printed on the other side with the name and address of the company in Jackson, WY, but without any reference to the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Marking of the country of origin on the printed tag in lieu of marking the article itself is an acceptable country of origin marking provided the port director is satisfied that the tag will remain attached to the hydration pack until it reaches the ultimate purchaser. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The side of the tag that is printed with the domestic address with no reference to the country of origin must also be marked with the words “Made in China.” Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name or as part of a souvenir marking, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location.” Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning. In other words, if the question concerns a trademark, trade name or souvenir marking, the country of origin marking need only meet the general standard of conspicuousness. There is no need to show the country of origin on the front pouch and back pouch of the VestPak as long as the printed tag is conspicuously marked to indicate “Made in China” on each side on which the domestic address is printed. 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. Sincerely, Thomas J. Russo Director National Commodity Specialist Division