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NY 867624

October 18, 1991

CLA-2-42:S:N:N3G:341 867624

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Ron Hodge
F.H. Kaysing Co. of Wichita
P.O. Box 12497
Wichita, Kansas 67277

RE: The tariff classification of a "Pizza Hut" tote bag from China, Hong Kong, Korea, and/or Taiwan.

Dear Mr. Hodge:

In your letter dated September 30, 1991, on behalf of Coleman Outdoor Products, Inc., you requested a tariff classification ruling.

The submitted sample, item #2121F, is a "Pizza Hut" insulated tote bag designed to carry and/or transport one large pizza. The item is constructed with an outer surface of pvc vinyl, and the interior is composed of reconstituted plastics. The bag is designed to be carried with the person. It measures approximately 21" x 21". It is secured by means of a plastic flap that folds over the opposite side of the bag, and features a polypropelene molded carrying handle. The front and back of the bag features the "Pizza Hut" logo. The outer surface is printed with words such as "Great for: picnics, shopping, sporting events..." It appears the bag is intended to be a personal effect of the ultimate purchaser who is the purchaser of the bag. You have indicated that it may be given to a customer on purchase of a pizza.

The applicable subheading for item # 2121F, the "Pizza Hut" tote bag of plastic vinyl, will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20 percent ad valorem.

It is noted that the sample submitted for a binding ruling request is not marked to indicate the country of origin. Section 304 of the Tariff Act of 1930 as amended requires that these products be marked with the English name of the country of origin in a permanent, legible, and conspicuous manner when imported.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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