The tariff classification of avalanche airbag from Canada

N274983 May 17, 2016 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Steve Baillie ARC’TERYX Equipment A Division of Amer Sports Canada, Inc. #110-2220 Dollarton Hwy North Vancouver, British Columbia Canada V7H 1A8 RE: The tariff classification of avalanche airbag from Canada Dear Mr. Baillie: In your letter dated March 31, 2016, you requested a tariff classification ruling. You submitted a sample of Model #9562 Voltair 30 Avalanche Airbag. You also state that the avalanche airbag will be offered in 2 different sizes. Model #19568 Voltair 20 Avalanche Airbag is similar in construction but sizing is based on useable space within each airbag. The Voltair Avalanche Airbag is composed of 100% nylon 400 denier ripstop double coated polyurethane (PU) woven fabric. The avalanche airbag is designed like a backpack with several zippered compartments and thick padded shoulder straps. Attached to the left strap is the locking trigger, used to deploy the airbag. The two shoulder straps are connected by a sternum strap and a daisy chain is attached to both straps for adjustment of the sternum strap. A hip belt is attached to the avalanche airbag and a single leg loop is attached to the hip belt with a carabiner. This is designed to fit between the user’s legs for additional security in the event of an avalanche. The number of compartments for Model #9562 Voltair 30 is 5 and Model #19568 Voltair 20 is 4. The top compartment is for the airbag balloon compartment. The zipper is designed to open when the airbag has been activated, caused by the increased pressure of the balloon on the zipper. The outer compartment houses the blower assembly, airbag balloon, control unit, wire componentry and removable battery. This compartment is also intended to carry additional safety equipment, GPS devices, food and clothing for emergencies. On the exterior of the avalanche airbag are adjustable hook and loop straps designed to carry skis, snowboards and/or ice axes. Attached to both sides of the avalanche airbag is a single compression strap designed to compress the storage space in order to eliminate excess bulk during mountain activities. Each airbag model has a handle for carrying while not in use. The airbags use a rechargeable LiPo 22.2V battery and power supply that will be packaged and sold separately. The Voltair Avalanche 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 powers the blower, inflating the airbag. This allows the user to remain afloat and avoid being buried during the course of the avalanche also allowing the user to avoid suffocation. Additional air is pulsed through the airbag intermittently to keep the bag fully inflated in case of minor punctures or tears that can occur in an avalanche situation until the preprogrammed time has expired or the user manually shuts it off. In your request, you suggest that the Voltair Avalanche Airbag is classifiable under subheading 9506.99.6080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other “Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games….” However, the Voltair Avalanche Airbag is merely worn in anticipation of an avalanche while participating in snow-sport activities such as skiing and snowboarding. It is not a requisite or essential component used in the training, practice, or performance of such aforementioned winter snow-sport 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 (See N168955, dated June 28, 2011, for a substantially similar article). The applicable subheading for the Model #19568 Voltair 20 Avalanche Airbag and Model #9562 Voltair 30 Avalanche Airbag will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. 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 https://hts.usitc.gov/current. Sample will be returned. 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 Adleasia Lonesome at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division