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NY G82294




October 11, 2000

CLA-2-63:RR:NC:TA:351 G82294

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9907

Mr. Tim Parsons
Parsons Trading
5 Thunderbird Drive
Novato, CA 94949

RE: The tariff classification of a cooler bag from China.

Dear Mr. Parsons:

In your letter dated September 8, 2000, you requested a classification ruling. The sample is being returned as requested.

The sample submitted is a soft-sided cooler bag used to maintain food or beverages at a desired temperature over a period of time. The cooler bag is constructed from three layers of material. The outer layer consists of man-made woven fabric which has been coated, covered, or laminated with a layer of plastic material which is not visible to the naked eye. The middle layer of this product is a layer of plastic foam. This layer functions as an insulating and cushioning material. The third layer, which forms the interior of the cooler bag, is manufactured from plastic sheeting material. It features a zipper closure on three sides and a web fabric carry handle.

You stated that the outer surface is constructed of 83 percent PVC and 17 percent woven textile and classifiable under subheading 3924.10.50, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastic: Tableware and kitchenware: Other. The outer surface of this product appears to be coated with a plastic material which is not visible to the naked eye. For tariff purposes woven material covered with plastic material which is not visible to the naked eye is considered textile fabric. The Explanatory Notes (EN) to Chapter 39 state that the classification of plastic and textile combinations is essentially governed by Note 1(h) to Section XI, Note 3 to Chapter 56 and Note 2 to Chapter 59.

Note 1(h) to Section XI (textiles and textile articles) states that the section does not cover woven fabrics coated or laminated with plastics or articles thereof, of Chapter 39. Thus, it is necessary to determine what plastic coated fabrics are covered by Chapter 39. The ENs to Chapter 39 state that the following plastic and textile combination products are covered by Chapter 39:

“(a) Felt impregnated, coated, covered or laminated with plastics, containing 50% or less by weight of textile material or felt completely embedded in plastics;

Textile fabrics and nonwovens, either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color;

(c) Textile fabrics, impregnated, coated, covered or laminated with plastics, which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15°C and 30° C;

(d) Plates, sheets and strip of cellular plastics combined with textile fabrics, felts or nonwovens, where the textile is present merely for reinforcement purposes.”

Since none of these descriptions apply to the material at issue, the textile and plastic combination is not classified under Chapter 39. Accordingly, Note 1(h) does not preclude the classification of the outer layer material in Section XI.

Next, the governing notes direct us to Note 3 to Chapter 56. Note 3 applies to nonwovens coated or laminated with plastics. Since the subject fabric is woven, this note is not applicable to this case. The governing notes next direct us to Note 2 to Chapter 59.

Note 2 to Chapter 59 states that Heading 5903, HTS, applies to textile fabrics coated or laminated with plastics other than the following six exceptions:

“(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color; (2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15°C and 30°C (usually chapter 39); (3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39); (4) Fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60); (5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter 39); or (6) Textile products of heading 5811.”

Since the subject material is not excluded by the six exemptions it is classified as a fabric of Chapter 59, HTS. The Explanatory Notes state that fabrics of this chapter are used for a variety of purposes including the manufacture of handbags and travel goods which are similar to the cooler bag. Accordingly, the outer layer material of the subject cooler bag is classified as a fabric under Chapter 59, HTS. The cooler bag is considered a textile good classified under Chapter 63, HTS.

The applicable subheading for the cooler bag will be 6307.90.9907, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other: Cooler bag with an outer surface of textile materials: Of man-made fibers. The duty rate will be 7 percent ad valorem.

The cooler bag falls 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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