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NY F85422




April 7, 2000

CLA-2-42:RR:NC:TA:341 F85422

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Ave.
New York, N.Y. 10167-3397

RE: Amendment to NY ruling F83824, dated March 27th, 2000.

Dear Ms. Weinberg:

In your letter dated April 3rd, 2000, you requested an amendment of classification ruling NY F83824, which was issued to you on March 27th, 2000 from this office. You have brought to our attention that your original submission erroneously requested a ruling on behalf of the incorrect parties.

The original ruling NY F83824 was issued on behalf of American Eagle Outfitters, Inc., aka Blue Star Imports L.P. of Columbus, Ohio and Warendale, Pennsylvania. You state the correct parties are Value City Department Stores, Inc. and Value City Imports. All other information in the original letter remains the same.

In your letter dated March 20, 2000, you requested a tariff classification ruling. The request is on behalf of Value City Department Stores, Inc. and Value City Imports.

Two samples have been submitted. Both are marked with a logo patch bearing the tradename "Sadia" which is owned by the firm Sadia S.A. of Brazil. The bags are said to be manufactured in China and will be exported from Brazil. Both bags have descriptive literature attached that is printed in Portuguese language.

One bag is described in the literature as " Thermic Ladies Bag". The bag is of a kind similar to a shopping bag or other similar generic type of carrying bag. It is approximately 14” high, by 18” wide and has a base, which is 14” by 6 ½”. The bag consists of front, back and bottom panels. Each panel consists of a three-layer construction. The exterior is mainly of an embossed compact plastic sheeting which has a man-made woven textile fabric backing, the middle inner layer is of 3/8th inch non-rigid, open cell, foam plastic and the third layer is a backing of Polyvinyl Chloride (PVC) plastic sheeting. There are two pocket flaps that are of a fabric consisting of an exterior of man-made fiber textile material and a backing of plastic sheeting. The bag is considered to be of sheeting of plastic or mainly covered with such materials of which the exterior surface constituent material is of plastics. All interior seams are capped with PVC edging. The bag is not waterproof. The tote bag has double PVC covered tubular handles which can be carried over the shoulder and a full width nylon coil zipper closure. The exterior front of the bag has both an open and zippered pocket. Although the bag is insulated, it is a carrying bag for sundry personal articles and property including food or beverages. The literature accompanying the tote states, “ Use the tote everyday traveling day trips. Take advantage of its thermal characteristics to carry items such as sandwiches, beverages, baby bottles, make-up, medications, etc." The bag is not of a kind chiefly used in the preparation, serving or storing of food or beverages.

The second sample is described in Portuguese as a "Thermic Rucksack". The article is a rucksack designed to be worn on the back. It is shaped like a sack and measures 10" high, 8" wide and 5 deep when extended. Its construction is the same as the "Thermic Ladies Bag". In addition to the back straps, the bag has a top handle grip. The flap has a hook and loop closure. There is a zipper pocket and a open mesh storage area on the front of the bag. Although the bag is intended to contain food and beverages, it is also capable of contain other articles similar to the ladies bag described above. A common definition of "rucksack" is a traveling bag designed to contain provisions.

The applicable subheading for the “Sadia” insulated shopping bag and rucksack will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, “other with outer surface of sheeting of plastic or of textile materials, Travel, sports and similar bags, other”. The rate of duty will be 18.8 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 this supplement and the original ruling letter should be attached to the entry documents filed at the port 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,

Robert B. Swierupski
Director,

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