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NY J83884




May 7, 2003

CLA-2-42:RR:NC:3:341 J83884

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1000

Barbara J. Riley
Customs Compliance Coordinator
C/o Kmart Corporation
Resource Center
310 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of an insulated food and beverage bag from China

Dear Ms. Riley:

In your letter dated April 22nd, 2003 you requested a tariff classification ruling.

The sample submitted, identified as Model #870281 (California Innovations Product Code 1-63058-00-02) “Power Pack Plus”. It is put up for retail sale as a set consisting of an insulated bag principally used to contain food and beverages and to maintain their temperature during transport and temporary storage, a microwavable plastic food container and a plastic sports drink bottle. The bag is fully insulated with 0.1875 “ closed cell foamed plastics and has heavy sealed plastic liners. The overall measurement is approximately 7”W x 11”H x 5 1/2”D. It has an overhead flap that is secured to the front of the item by a hook and loop fastener. The flap has a zippered pocket on its front and a carrying handle on its top. The insulated bag has two compartments. The top compartment is empty and a front flap that is also secured to the bag by a hook and loop fastener opens the bottom compartment. The microwavable plastic container is stored in the bottom compartment. The bag has an adjustable mesh pocket on one side that contains the plastic beverage bottle. You indicate that the items will be sold as a set at the retail level in the United States. The sample will be returned as requested.

The applicable subheading for model #870281, “Power Pack Plus” the insulated food and beverage bag with plastic accessories, will be 4202.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insulated food or beverage bags, with outer sheeting of plastic, other. The rate of duty will be 3.4 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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