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May 12, 1999

CLA-2-63:RR:NC:TA:352 E80416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. F. Vazquez
R.E. Delgado, Inc.
P.O. Box 9024136
San Juan, P.R. 00902-4136

RE: The tariff classification of a lunch box with thermos from China and Brazil.

Dear Mr. Vazquez:

In your letter dated April 14, 1999, on behalf of Aladin Industries, Inc., you requested a tariff classification ruling.

The sample submitted is a soft-sided lunch box fitted with a plastic thermos. The lunch box is manufactured in China and the plastic thermos is manufactured in Brazil. The lunch box is made of three layers of material. The outer layer consists of a nylon woven fabric which has been coated, covered, or laminated with a layer of polyvinyl chloride. The plastic has been determined to be noncellular. The plastic surface of the material faces outward and the plastic has been embossed to simulate the look of a woven fabric. The middle layer of this product is a layer of polyethylene foam. The final layer, which forms the interior of the lunch box is made of a polyvinyl chloride sheet. The lunch box measures approximately 4 inches high by 9 1/2 inches wide by 2 3/4 inches deep and features web fabric carry handles. It is secured by means of a zipper closure on three sides. The lunch box is used to store and transport food and beverages.

The applicable subheading for the lunch box with a plastic thermos will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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