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NY 804966




December 19, 1994

CLA-2-42:S:N:N6:341 804966

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9040; 3005.90.5090; 4202.92.9025

Ms. Pamela Ervin
Expeditors Int'l, Inc.
3645 E. Atlanta Ave. - Suite 2
Phoenix, AZ 85040-2946

RE: The tariff classification of a travel case, a refreezable cold wrap and a freezable bottle chiller from China.

Dear Ms. Ervin:

In your letter dated November 20, 1994, on behalf of Chillynex Corporation, you requested a classification ruling.

You have submitted three samples with your request, identified as item numbers 1, 2 and 3. They are as follows:

Item #1 is a specially shaped and fitted travel case designed to carry/transport diabetic medicine and accessories. The case is composed of 100 percent vinyl. The interior is designed with pockets, and elastic loops to contain the above mentioned items. There is a separate zippered pouch of nylon netting designed to contain the ice pack (included). The case is secured by means of a textile zipper that goes around the case which allows for the case to be fully opened. The item also has an adjustable strap for easy carrying. For classification purposes the item is not considered to be a medical instrument and will be classified accordingly.

Item #2 is a refreezable cold wrap made for the treatment of a body injury by use of a cold application. It is made of 100 percent nylon netting on the inside and 100 percent tricot on the outside for insulation. The item has nylon "Velcro"-like straps to hold the article to the body. Inside the item are two individual pockets for the ice packs to be inserted (included). The sample submitted is blister packaged in a clear plastic package for retail sale.

Item #3 is a freezable bottle chiller designed to keep a bottle cold five hours or longer. The item is similar in design to a sheaft-like canteen holder. It is composed of 100 percent nylon with a foam backing and a textile lining. At the bottom is an elastic strap which allows for different size bottles to be inserted. Inside the bottle holder is a zipper that goes completely around the article in order for an ice pack to be inserted (included). You have indicated that the article can be carried inside a picnic basket or separately.

The applicable subheading for Item #1, the carrying case of vinyl, will be 4202.92.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, camera cases and similar containers, with outer surface of sheeting of plastic, other, other, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for Item #2, the refreezable cold wrap, will be 3005.90.5090, HTS, which provides for wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical surgical, dental or veterinary purposes: Other: Other, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for Item #3, the freezable bottle chiller of 100 percent nylon, will be 4202.92.9025, HTS, which provide for trunks, suitcases, holsters and similar containers, with outer surface of textile materials, other, other, of man- made fibers. The duty rate will be 20 percent ad valorem.

Items classifiable under 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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,

Jean F. Maguire
Area Director
New York Seaport

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