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NY I80040




April 24, 2002

CLA-2-42:RR:NC:3:341 I80040

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. David R. Ostheimer
Miller & Company P.C.
233 Broadway 51st Floor
New York, N.Y. 10279

RE: The tariff classification of an insulated baby bag from China; HTS 4202.92.4500

Dear Mr. Ostheimer:

In your letter dated March 29, 2002 you requested a tariff classification ruling. The request is on behalf of Abbott Laboratories, Ross Products Division.

The submitted sample is identified as Ross Products style #Y9060 (manufacturer’s #22450K) “Ross Handy Bag”. The bag is made up of panels composed of three layer construction. The outer layer is of an unsupported sheeting of plastic, the middle layer is of foamed 0.0125” polyurethane plastics and the inner layer is of unsupported plastic sheeting. The three-layer construction has an insulation value of approximately R 0.29 to R 0.58. The bag measures 11”x11”x5”. It has double woven handles and adjustable shoulder strap. The interior consists of one center storage compartment that has two dividers of plastic sheeting. The bag has a nylon coil zipper that extends across the top and down approximately one third of the side permitting easy access to the articles placed within. The nylon coil zipper and zipper tape are of a kind normally used with traveling bags and sport bags and are not suitable for proper insulation. There is a bottle holder of textile mesh sewn to one exterior gusset panel. The bag is of a kind normally sold and used as a baby bag to carry clothing and other personal effects commonly used in the care of a baby. The bag is used to carry clean disposable diapers, baby wipes, and an insulated cooler bag with ice packs, clothing and personal accessories for the mother as well as milk or baby formula . It is of a kind normally sold on its own as a baby bag.

Style Y9060 is marketed as part of a promotion designed to familiarize a new mother with the Abbott Laboratories products. The Abbott Laboratories identifies the promotions as “Ross Handy Bags With Cooler Insert”. It will be given to a new mother upon leaving a hospital. The promotion describes the bag as the “Ross Handy Bag With Cooler Insert”. When given to the mother, the “Handy Bag” will contain a separate removable insulated cooler of the type similar to a bottle carrier. The cooler will include two 8-ounce gel ice pack inserts that are intended to preserve the milk. Abbott Laboratories describe the cooler insert as:

“ The insulated Cooler Insert in this Handy Bag is designed for the transport and storage of breast milk, formula, or baby food. The Cooler Insert contains two reusable ice packs.”

Subsequent to importation, the “Handy Bag” is packed in the United States with ten different combinations of accessories and personal effects such as the cooler insert, disposable diapers, wipes, ointment, reusable breast pads, a water bottle , breast milk storage bottles, bottles or packets of infant formula and various printed literature and coupon offers. Each combination is assigned a different style number. The “Handy Bag” is also used to carry a change of baby clothes and accessories as well as the mother’s necessities.

You have suggested that the “Handy Bag”, Ross style #Y9060 (manufacturer’s style #22450K ) is classified in subheading heading 4202.92.10 which provides, in part, for insulated food or beverage bags with outer surface of sheeting of plastic or of textile materials, other. You cite a prior ruling decision, NY E82430, January 18, 2000. The cooler bag described therein, style #Y-8490 (Y9060), apparently was made up for the long-term storage of food or beverages and was chiefly used as a such. Information now submitted indicates that the style #Y-8490 is actually the “Cooler Insert”. The bag was described as being not intended to store or carry other types of baby related items and is “..used solely for the storage of expressed breast milk, infant formula and related food products.” The instant “Handy Bags”, Style Y9060, is not the same bag. The Abbott Laboratories own literature and marketing practice demonstrates that Y9060 is put up to be the “Handy Bag” distinct from the “Cooler Insert”. The “Handy Bag” is intended to carry and to provide storage, protection, and organization for various articles including food or beverages. The “Handy Bag” is of a kind similar to the eo nomine “Traveling Bags” of heading 4202, HTSUSA as described in additional U.S. Note 1, Chapter 42. Therefore, ruling NY E82430 does not apply.

The applicable subheading for the “Handy Bag”, Abbott Laboratories style Y 9060 (mfg. #22450K), will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags, with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 20 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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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