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NY I80899




May 1, 2002

CLA-2-42:RR:NC:3:341 I80899

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 4202.92.0507, 4202.92.1000

Paula M. Connelly
C/o Middleton & Shrull
44 Mall Road
Suite 208
Burlington, MA 01803-4530

RE: The tariff classification of cooler bags from China, Taiwan, the Philippines, and Sri Lanka

Dear Ms. Connelly:

In your letter dated April 17th, 2002 you requested a tariff classification ruling. The request is on behalf of The Gem Group, Inc.

The first sample submitted is identified as Item # 9165, a “Convertible Backpack Cooler”, which consists of an insulated bottom section and non-insulated upper. There is a zippered non-insulated storage pouch sewn to the exterior front of the lower section. The overall size is 10”L x 16”H x 7.5” W. The exterior surface is wholly of man-made fiber textile material. The bag is carried over the shoulder or worn on the back by means of woven textile straps. The insulated section is designed to help maintain the temperature of food beverages for a period of time. The upper section is used to contain other personal effects or clothing during travel. Food or beverages are considered to be other personal effects often carried in a “traveling bag” or a “backpack” whether or not insulated.

The applicable subheading for the “Convertible Backpack Cooler” will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man made fibers, other. The rate of duty will be 18.1 per cent ad valorem.

The second sample submitted, identified as Items 9406 (Spruce) and 9406 (Black), “Insulated Sport Cooler Bag”, is an insulated carrying bag for food or beverages. The overall size is 12.5”L x 9”H x 7.5”W. The exterior surface is wholly of man-made fiber textile material. The bag has woven textile double handles and adjustable shoulder strap. The top has a “U” shaped zipper closure that permits easy access while limiting the loss of temperature. It has two end pockets within which there is a zippered section designed to permit insertion of an ice pack within the inner lining. The front has a flat zippered section that opens fully on three sides and appears designed to hold golf cards.

The applicable subheading for the “Insulated Sport Cooler Bag” will be 4202.92.0507, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for insulated food or beverage bags, with outer surface of textile materials, of man made fibers. The duty rate will be 7 per cent ad valorem.

The third sample submitted, identified as Item 9482 (Navy/Black), “Sonoma Cooler”, is an insulated carrying bag for food or beverages. The overall size is 9”L x 14”H x 6”W. It is shaped similar to a teardrop backpack. It is carried by means of a woven textile shoulder strap or pick-up loop. It has one open pocket on the front and a mesh bottle holder on the back. The exterior surface is almost wholly of embossed sheeting of plastic that simulates nylon fabric. The cooler has a “U” shaped zippered closure with silver foil insulation inside lid.

The applicable subheading for the “Sonoma Cooler” will be 4202.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insulated food or beverage bags, other. The rate of duty will be 3.4 per cent ad valorem.

The fourth sample submitted is identified as Item 9225, “All Sport Cooler”, is an insulated carrying bag designed to contain 24 cans of beverage. The overall size is 11”L x 11”H x 9”W. The exterior surface is wholly of man-made textile materials. It is carried by means of a woven textile shoulder strap. The top is closed by means of a three-sided zippered lid, which has a separate “easy access” zippered opening in its center. The “Easy Access” is intended to permit access to the beverages stored within without opening the entire top lid. The bag has side mesh holders for drink bottles, a front zippered pocket, 5” x 5”, for small articles commonly carried in the pocket and a cell phone holder.

The applicable subheading for the “All Sport Cooler” will be 4202.92.0507, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for insulated food or beverage bags, with outer surface of textile materials, of man made fibers. The rate of duty will be 7 per cent 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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