CamelBak Products LLC lost a case before the U.S. Court of International Trade that sought to reclassify hydration packs imported from the Philippines in 2003 as 'insulated food or beverage bags' to lower duties from 17.8% to 7%.
The court ruled in favor of the Bureau of Customs and Border Protection, which argued the merchandise is properly classified as 'travel, sports and similar bags.' The ruling granted the government's motion for summary judgment and agreed with its argument that the insulation sleeve in the packs did not change their 'essential character' enough to justify placing them under the other tariff classification.
The case involves 10 models of hydration packs, including the Scout, M.U.L.E., SnoDAWG, SnoBound, Isis, and H.A.W.G. “Each of the models features both a 'cargo' compartment (designed to hold food, clothing, gear, and other supplies) and a 'reservoir' (bladder) compartment, which is surrounded by closed-cell polyethylene foam and is designed to carry and maintain the temperature of water or some other beverage,” notes the court's decision.
Camelbak imported the packs at issue in September and October of 2003 as 'travel, sports and similar' bags and then filed a protest, which Customs denied. Camelbak then filed suit. Reached Wednesday, a Camelbak executive said the company was reviewing its options.
The court's full decision in the case can be viewed here on the Sandler, Travis & Rosenberg, P.A. website.
