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NY 878546




October 16, 1992

CLA-2-42:S:N:N3H:341 878546

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Ourania Vekris
0/30 Thermobag
5355 Parkwood Place
Richmond, British Columbia
Canada V6V 2N1

RE: The tariff classification of thermally insulated bags from Canada.

Dear Ms. Vekris:

In your letter dated September 21, 1992 and your previous letter of August 10, 1992, you requested a classification ruling.

You have submitted two samples, sales literature, design specifications and product results. The insulated carrying bags are designed for the storage, protection and portability of food and beverages. They have an outer surface of man-made fiber textile material. Although the instant bags are intended for use by the food industry, they are of a kind commonly sold at retail as a convenient carry-all for food and beverages. You state that the nylon fabric and the webbing on the bag are manufactured in Korea and that the remaining materials are manufactured in Canada. You claim the bag is 100% manufactured in Canada.

The applicable subheading for the thermally insulated bags will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for ...travel, sports and similar bags with outer surface of textile materials ...of man-made fibers, other. The duty rate will be 20 percent ad valorem.

Goods classifiable under subheading 4202.92.3030, HTS, which have originated in the territory of Canada, will be entitled to a 12 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

You do not describe in what condition the nylon and the webbing are imported into Canada nor exactly what is done to these materials in Canada. You also do not indicate the costs of the Canadian materials or the Korean materials. Please provide this information in detail directly to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling on the country of origin of the thermal bags and whether these items are eligible for reduced rate of duty under the FTA will be issued to you from that office.

These items fall within textile category designation 670. Based upon international textile trade agreements, if these items are products of Korea they are presently subject to quota and the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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,


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