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NY H82585




July 11, 2001

CLA-2-63:RR:NC:N3:351 H82585

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9909, 6307.90.9989

Ms. Jean Wallace
Import Department
Aladdin Industries LLC
703 Murfreesboro Road
Nashville, TN 37210

RE: The tariff classification of cooler bags.

Dear Ms. Wallace:

In your letter dated June 20, 2001, you requested a ruling on tariff classification.

You submitted samples of two cooler bags. Both are designed as soft-sided insulated bags that will store and protect food by maintaining an optimum temperature over time.

One is approximately 14” wide x 6” across x 10” tall. It is manufactured from three distinct layers of material. The outer layer is a camouflage print said to be 55% ramie and 45% polyester, one side of which has been coated, covered or laminated with a plastic material. The woven textile surface of these panels faces outward. The middle layer of this product is a ¾” layer of plastic foam that functions as an insulating and cushioning material. The final inner layer of the bag is a lining of plastic sheeting. It has a single zippered opening, two webbed fabric handles and a webbed shoulder strap. The country of origin is Hong Kong.

The second bag is said to be of 100% PVC. It measures approximately 11” wide x 8” across x 11” tall. The exterior or outer layer is manufactured from a man-made fiber woven fabric which has been coated or laminated on one side with a layer of compact polyvinyl chloride plastic. The plastic surface faces the outside of the bag and has been embossed. An additional piece of this fabric has been sewn across the front to create a pocket. The middle layer of this bag consists of a half-inch layer of foam plastic which functions as an insulating and cushioning material. The final layer lines the interior of the bag and is manufactured from polyvinyl chloride plastic sheeting. The bag has a zippered top and an adjustable webbed shoulder strap. You have given no specific country of origin but state that it will be in the Far East.

The applicable subheading for the first sample, the bag with the camouflage print with the outer surface of woven ramie/polyester textile fabric will be 6307.90.9909, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles...Other: Cooler bags with an outer surface of textile materials: Other.” The rate of duty will be 7 percent ad valorem. These cooler bags fall within textile category designation 870. Based upon international textile trade agreements products of Hong Kong 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.

You state that you have imported the PVC bag under subheading 4202.99.9000. Because the bags are chiefly used for preservation of food and beverages, subheading 4202 would be incorrect. The applicable subheading for the PVC bag will be 6307.90.9989, HTS, which provides for “Other made up articles of textile fabric...Other: Other: Other: Other.” The general rate of duty will be seven 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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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