Camelbak Hydration Packs Classifiable as Insulated Beverage Bags, CBP Finds

Camelbak hydration packs imported without the water-delivery components are classifiable as an insulated beverage bags, said CBP in an Aug. 19 internal advice ruling (here). The ruling, HQ H248811, makes use of classification instructions handed down by the U.S.Court of Appeals for the Federal Circuit in 2011 (see 11062315). In that case, the CAFC shot down a classification approved by CBP and the Court of International Trade of hydration packs as back packs. The CAFC has since used that ruling as precdent for considering use as a factor for "eo nomine" tariff provisions (see 14080420).

According to the 2011 CAFC ruling, "CIT erred in considering the Camelbak hydration packs 'improved backpacks,' because they possess features 'substantially in excess' of those within the common meaning of the term backpack," CBP said in the ruling. Specifically, the CAFC said "the hydration component was not merely incidental to the cargo component but provides the articles with a unique identity and use, removing them from the scope of the eo nomine backpack provision." Using the CAFC's interpretation, CBP said packs have a padded hydration component with "a different design and primary use, which is to provide a temperature-maintained compartment specially designed to hold a particular beverage container that provides a continuous source of hands-free hydration to a user while engaged in a recreational activity."

The padded compartment has the most bulk and is of considerable size in relation to the entire pack and "imparts the essential character," said CBP. The packs should be classified as insulated beverage bags, rather than as backpacks, even though the packs as imported don't include the plastic bladder, said CBP. Because the imported products don't include the bladder, the packs are best classified as insulated beverage bag in subheading 4202.92.08, "which covers all other insulated food and beverage bags, other than insulated beverage bags whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached flexible tubing," said CBP. The duty rate is either 5.3% or 7%, depending on the date of entry, CBP said.