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NY C86895




June 1, 1998

CLA-2-39:RR:NC:SP:222 C86895

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Ms. Catherine L. Homes
A. W. Fenton Company, Inc.
P. O. Box 360614
Columbus, OH 43236-0614

RE: The tariff classification of plastic baby bottle cooler bags from China.

Dear Ms. Holmes:

In your letter dated May 5, 1998, on behalf of your client Ross Laboratories, you requested a tariff classification ruling.

The first submitted sample is a vinyl lined cooler bag, style #15811. This bag is composed of 100 percent polyvinyl chloride. It is approximately 7-3/4 inches wide by 8 inches high. This bag contains a nylon zipper for closure. The handle is made of polypropylene webbed material. The bag is lined with a polyurethane foam filler that is 8 millimeters thick. It contains a pouch in the back panel for holding a gel pack to retain the temperature. The cooler bag is intended to keep baby bottles at a cool temperature.

For the second sample, identified as style #18946, you submitted a description of the item. It is composed of polyvinyl chloride. The bag measures approximately 5 inches long by 3 inches wide by 7-1/4 inches high. It is lined with a polyurethane foam filler that is 5 millimeters thick. The handle is composed of polypropylene webbed material. The bag has a nylon zipper for closure. This bag is designed to keep baby bottles at a cool temperature.

Your letter of inquiry states that the gel pack is not imported with the bag, but it is provided with the bag when presented to the ultimate consumer.

The sample is returned as requested.

The applicable subheading for both of the plastic cooler baby bottle bags will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for..other house hold articles...of plastics. The rate of duty will be 3.4 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Masterson at 212-466-5892.

Sincerely,

Robert B. Swierupski
Director,

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