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HQ 085860


January 19, 1990

CLA-2:CO:R:C:G 085860 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 3923.10.00

Mr. Gerry A. Palomo
Japan Freight Consolidators, Inc.
P.O.Box 280517
San Francisco International Airport
San Francisco, CA 94128-0517

RE: Classification of a plastic picnic container

Dear Mr. Palomo:

This is in reference to your letter dated September 19, 1989, requesting the classification of a plastic picnic container under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Japan was submited.

FACTS:

The merchandise at issue consists of a molded plastic case with a handle. The case measures 8 1/2 inches high by 12 inches long by 4 inches thick. The case contains a plastic plate, bowl, mug, fork and spoon.

ISSUE:

What is the classification of the picnic container at issue?

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 case with dishes and utensils meets this definition of a set. Each of the separate items that are included with the case 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 plastic container. It is the bulk of the article and plays the main role. It serves to hold all the other components of the set as well as food. 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 083362, dated July 21, 1989, dealt with a moulded plastic insulated picnic cooler which contains special compartments and containers to preserve and carry food. These picnic coolers 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 under the General duty rate column.

Sincerely,

John Durant, Director

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