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NY I86892




October 4, 2002

CLA-2-42:RR:NC:3:341 I86892

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1000; 4202.92.4500

Ms. Connie Collignon
T.O.H. International
1510 Midway court 2E
Elk Grove, IL 60007

RE: The tariff classification of insulated food or beverage bags and mesh backpacks of a sheeting of plastics from Hong Kong

Dear Ms. Collignon:

In your letter dated September 19 , 2002 you requested a tariff classification ruling.

The samples submitted, identified as styles BG100, BG 110 and BG 170 are traveling bags designed to provide storage, protection, and portability for clothing and other personal effects. Styles BG 100 and BG 110 are worn on the person as a backpack.. Style BG 170 is a double handled tote bag. The main body of each is of a wide mesh sheeting of plastics. The bottom portion is made-up of an exterior of sheeting of plastics, middle of foamed plastics and an inner of a sheeting of plastics. The mesh material is the constituent material that imparts the essential character of the bag.

The mesh material is composed of a pre-existing woven fabric of knit yarns that has been dipped into Polyvinyl Chloride (PVC) plastics and heat baked. The exterior surface constituent material is of plastics. The mesh material is considered to be a sheeting of plastics for purposes of heading 4202, Harmonized Tariff System of the United States (HTSUS).

The samples submitted identified as styles BG 122, BG 130 and BG 141. The bags are chiefly used to contain and maintain the temperature of food or beverages during transport or temporary storage. Each bag has a three-layer construction consisting of an outer layer of a sheeting of plastic, a middle layer of foamed plastics and an inner layer of a sheeting of plastics. Each bag has a waterproof lining of plastic sheeting and a lid that closes on three sides by means of a nylon coil zipper.

The applicable subheading for styles BG 122, BG 130 and BG 141 4202.92.1000, Harmonized Tariff System of the United States (HTSUS) , which provides for Insulated Food or Beverage Bags , with outer surface of sheeting of plastic or of textile materials, other. The rate of duty will be 3.4% ad valorem.

The applicable subheading for styles BG 100, G 110 and BG 170 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, with outer surface of sheeting of plastic or of textile materials, other, 0ther. The rate of duty will be 20 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. The samples are being retained. 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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