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NY F85620




July 11, 2000

CLA-2-42: RR:NC:TA:341 F85620

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Mr. Daniel J. Gluck
Serko & Simon LLP
One World Trade Center
Suite 3371
New York, N.Y. 10048

RE: The tariff classification of California Innovations “Wine & Beverage Tote Cooler™”, style #32800; from Hong Kong and/or China.

Dear Mr. Gluck:

In your letter dated April 20, 2000 you requested a classification ruling and amendment of prior Ruling E89488, January 18, 2000. The request is on behalf of Costco Wholesale, Inc.

The sample now submitted is identified as style 32800, California Innovations “Wine & Beverage Tote Cooler™”. It consists of an insulated tote designed to carry one bottle of approximately one liter size. The tote has an exterior surface consisting of a composite of plastic sheeting embossed to simulate nylon textile material and of nylon textile materials, an inner layer of insulation and a waterproof lining. It has an adjustable woven shoulder strap. The front has a zipper compartment which is fitted with a bottle stopper/spout and a combination corkscrew/ bottle opener of metal. There is a fitted pocket on each side which each contains one plastic wineglass. A hot/cold pack is inserted into a fitted pocket within the tote. The “Wine & Beverage Tote-Cooler™” and accessories are dedicated for the purpose of preparing, storing and serving a beverage. The article is considered to be a “Set” as provided by General Rule of Interpretation (GRI) 3(b). The tote imparts the essential character and it is considered to be essential character of the exterior plastic sheeting material. Your sample is being returned as requested.

Ruling file E89488 involved an identical article however the ruling request did not identify it by style number and described it as being of "nylon". It is not uncommon that the same article is manufactured of true nylon as well as of an imitation nylon such as embossed plastic sheeting.

If manufactured of 100 percent nylon textile materials, the "Wine & Beverage Tote Cooler" described in NY E89488 is correctly classified.

The applicable subheading for style #32800, “Wine & Beverage Tote Cooler™”, now submitted, will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of sheeting of plastic or of textile materials, other, other, other, other. The duty rate will be 18.6 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 Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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