Mr. Steve Baille
Arc’teryx Equipment Inc.
110-2220 Dollarton Hwy.
North Vancouver, BC V7H 1A8
Date of issuance of ruling:
This is in response to your request for an advance ruling on the tariff classification of Arc’teryx model #9562 Voltair 30 Avalanche Airbag and model #19568 Voltair 20 Avalanche Airbag. These products are manufactured by Arc’teryx Equipment in Burnaby, BC, Canada.
The goods in issue are the Arc’teryx model #9562 Voltair 30 Avalanche Airbag and model #19568 Voltair 20 Avalanche Airbag. They are produced by Arc’teryx Equipment of North Vancouver, BC, Canada. The carrying system/airbag manufacture and final assembly will be completed in Canada by Arc’teryx Equipment at their Burnaby, BC factory. The Airbag blower assembly is manufactured in China by Shenzhen Powertraveller Co. Ltd and imported into Canada for final assembly into the Airbag system.
The request is for classification of the final Airbag product only. The Voltair 20 weighs 7.1lbs and has an interior volume of 20 litres. The Voltair 30 weighs 7.6lbs and has an interior volume of 30 litres. These products are made of N400r-AC2 nylon 6 ripstop fabric and incorporates WaterTight™ zippers. The inflatable airbag has a volume of 150 liters and is made of coated nylon. The blower assembly is mainly plastic.
These products use a 22.2 volt Lithium-Ion polymer rechargeable battery which is capable of inflating the balloon up to 20 times at -10 degrees Fahrenheit or at least once at -30 degrees Fahrenheit. The battery and charger is sold separately and not part of this Advance Ruling request.
These products are inflatable safety devices designed to protect the user in avalanche situations by keeping the user afloat in the event of an avalanche. The goods are meant for use by persons participating in skiing, snowboarding or any other mountainous backcountry sports, games or activities where there is risk of an avalanche. To use the system, a trigger is activated which powers the blower and inflates the airbag to keep the user afloat and avoid suffocation from being buried under an avalanche. The airbag is engineered to be deployed multiple times rather than just once and can also deployed or kept inflated even with small tears and punctures with intermittent air pressure being delivered to the balloon in those situations until the pre-programmed time expires or the user manually shuts it off. The inflatable airbag is stored in a backpack. The backpack itself is specifically designed to store the airbag and the equipment that power and inflate the airbag. The backpack has limited space to store anything else other than safety equipment, water and food. It is not meant to be used for day to day usage as a backpack.
The Airbag is made of nylon 400 denier ripstop (nylon 6: N400r-AC2) double PU coated fabric and uses WaterTight™ zipper. The airbag is seam sealed throughout. The Voltair 30 has 5 zippered compartments and the Voltair 20 has 4 compartments. There is a separate zipper for the battery and power switch as well. The 150 litre inflatable airbag balloon, control unit, blower assembly and removable battery are all contained the main outer zippered compartment. The exterior of the backpack also has carrying system using Velcro straps for carrying skis, snowboards, ice axes, etc. for mountain activities. The airbag system is carried either by handle or more commonly by the body harness. The locking trigger to activate the inflatable airbag is attached to the left shoulder strap of the body harness. There is also an LED light on the right side of the bag which indicates whether or not the airbag system is operational. The size, weight and non-removable componentry limit this product from being used as a regular daypack.
Analysis and Justification
The goods are considered equipment under Chapter 95 of the Customs Tariff, specifically under heading 95.06. The primary function of these goods is to be used as a safety device to protect users in avalanche situations when skiing, snowboarding or taking part in any other mountainous backcountry sports, games or activities.
The General Explanatory Note to Chapter 95 states, in part, that the chapter includes equipment for indoor or outdoor games, appliances and apparatus for sports, gymnastics or athletics. This product would be considered equipment for outdoor sports under this context as a protective/safety device when participating in skiing, snowboarding or any other mountainous backcountry sports, games or activities.
Explanatory Note B (13) to heading 95.06 states that the heading covers the following: protective equipment for sports or game, e.g., fencing masks and breast plates, elbow and knee pads, cricket pads, shin-guards, ice hockey pants with built-in guards and pads. The explanatory note provides examples of goods that would fall into the heading. Primarily, the goods act as a piece of sports protective equipment in the event of an avalanche when participating in skiing, snowboarding or other mountainous backcountry sports, games or activities.
The goods are not included more specifically in any other heading within the nomenclature. Heading 42.02 covers backpacks, however in this particular instance, the goods derive their essential character from the airbag safety mechanism as protective equipment. They are to be classified under heading 95.06, specifically 9506.99.90.89 as other articles for other sports, in accordance with General Interpretative Rules 1, 3(b) and 6.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
Based on the information available the Arc’teryx model #9562 Voltair 30 Avalanche Airbag and model #19568 Voltair 20 Avalanche Airbag would be classified in the heading that provides its essential character. The goods are to be classified under heading 95.06, specifically 9506.99.90.89, as other articles for other sports, in accordance with General Interpretative Rules 1, 3(b) and 6, General Explanatory Note to Chapter 95 and Explanatory Note B (13) to heading 95.06.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA’s Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered "reason to believe" for the purposes of section 32.2 of the Customs Act and the CBSA’s Administrative Monetary Penalty System, described in Memorandum D22-1-1.
All D-Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.
Manager, Tariff Policy Unit B
Trade Policy Division
- Date modified: