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HQ 084246


July 21, 1989

CLA-2:CO:R:C:G 084246 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.10.0000

Ms. Mary Chou
Seino America, Inc.
8645 Aviation Blvd.
Inglewood, Ca. 90301

RE: Classification of "Duet Pac" picnic cooler

Dear Ms. Chou:

This is in reference to your letter dated April 4, 1989, requesting the classification of the "Duet Pac" picnic cooler under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Japan was submitted.

FACTS:

The merchandise at issue consists of a moulded plastic insulated picnic cooler which contains special compartments and containers to preserve and carry food. The cooler measures approximately 11 inches by 10 1/2 inches by 7 inches and is carried by means of a woven textile shoulder strap. The cooler contains one central compartment for the preserving and storing of food and beverages. The lid contains a specially designed compartment that contains two plates, two cups, and two containers. There is a special compartment built into the front of the cooler which contains an opener, a knife, two spoons and two forks.

ISSUE:

What is the classification of the "Duet Pac" picnic cooler?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order.

GRI 3(b) provides that goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to GRI 3(b) define goods put up in sets for retail sale to mean goods which consist of at least two different articles which are prima facie, classifiable in different headings, consist of products or articles put up together to meet a particular need or carry out a specific activity, and are put up in a manner suitable for sale directly to users without repacking. The picnic cooler with containers and utensils meets this definition of a set. Each of the separate items that are included with the cooler are prima facie classifiable in different headings. They all are intended for use on a picnic and they come packaged together.

The essential character of the item is imparted by the cooler. It is the bulk of the article and plays the main role. It serves to hold all the other components of the set and insulates any food stored in the containers. The cooler is classifiable under heading 3923, HTSUSA, which provides for articles for the conveyance or packing of goods, of plastics. The cooler is used to store food and to convey it to a picnic.

HRL 083856 dated May 18, 1989, dealt with plastic Thermos- type beverage holders. These beverages holders were classified under heading 3923, HTSUSA, as articles for the conveyance or packing of goods, of plastics. These beverage holders, like the coolers at issue, are purchased empty and filled by the consumer and are used to transport liquid beverages. HRL 084064 dated June 13, 1989, dealt with plastic food boxes that are designed to store and transfer fish. These food boxes were classified under heading 3923, HTSUSA, as articles for the conveyance or packing of goods, of plastics.

HOLDING:

The merchandise at issue is classifiable under subheading 3923.10.0000, HTSUSA, which provides for articles for the conveyance or packing of goods, of plastics, boxes, cases, crates, and similar articles. The rate of duty is 3 percent ad valorem.

Sincerely,

John Durant, Director

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