This is a very interesting opinion. The Federal Circuit first had to deal with the question of whether the Court of International Trade was correct that the backpack/hydration system falls within the scope of the eo nomine provisions for travel, sports, and similar bags in HTSUS heading 4202. If it does, then the goods are classifiable there pursuant to GRI 1. On the other hand, there is also an eo nomine provision for beverage bags.
In deciding whether Customs and Border Protection had properly classified the Camelbak products, the Court noted that an eo nomine provision does not include products that is more limited or more diverse in function provided that difference is significant. In that case, the identity of the article has changed. This comes from a 1996 case involving Casio and is slightly at odds with the maxim that an eo nomine provision covers all forms of the article. But, if you think about it, all it does is recognize that if you add enough features to a backpack, it might eventually become something else, which seems reasonable.
In making the determination of whether something falls within an eo nomine provision, the CAFC found several factors relevant. These factors include:
- The design of the subject article
- The use or function of the article
- How the subject articles are regarded in commerce
- Whether the additional component is a substantial part of the whole