The tariff classification of a fanny pack with a hydration pack from Vietnam

N324224 March 4, 2022 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.4500 Ryan Prinzing Drankful, LLC 4513 Illinois Ave Nashville, TN 37209 RE: The tariff classification of a fanny pack with a hydration pack from Vietnam Dear Mr. Prinzing: In your letter dated February 8, 2021, you requested a tariff classification ruling. A sample was submitted, which will be returned to you under separate cover. The submitted sample, which you referred to as the “Drankful Hip Pack,” is a fanny pack with a detachable hydration pack. The fanny pack is constructed of 100% nylon that is coated with polyurethane (PU) plastic sheeting on the outer surface of the article. It is designed to be worn around the waist for hands-free storage of personal effects during sport activities and travel. The article provides storage, protection, portability, and organization to its contents. It has a top zipper closure and one adjustable strap with a plastic and magnetic snap closure. The interior features one open wall pocket. The exterior features an open pocket on each side and one zippered pocket. The detachable hydration pack is specially designed for the pack and is constructed of plastic. The fanny pack measures approximately 8 inches (H) by 11 inches (W) by 7 inches (D). The fanny pack and the hydration component form a composite good, General Rule of Interpretation 3(b) of the Harmonized Tariff Schedule of the United States (HTSUS) noted. The two items are adapted to each other in that the hydration pack is shaped and fitted to the fanny pack when it is in use. The essential character of the composite good is imparted by the fanny pack as it is the main component and is completely functional without the hydration component. The hydration pack is an optional component and will only be used as needed. The applicable subheading for the fanny pack with the hydration component will be 4202.92.4500, HTSUS, which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic, other. The general rate of duty will be 20 percent ad valorem. You have also inquired whether the use of the proposed label indicating the country of origin is sufficient. The label you submitted, however, was a mockup sketch. It is not a label affixed to the physical sample. 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. We cannot determine if the proposed label is sufficiently conspicuous, legible, and permanently affixed in order to satisfy the requirements of section 304 without examining it on the physical sample. Please note, for this type of merchandise, we recommend a white label with dark lettering be sewn into the interior close to the opening and centered. 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 Vikki Lazaro at vikki.lazaro@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division