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NY J86771




August 6, 2003

CLA-2-42:RR:NC:3:341 J86771

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 3091

RE: The tariff classification of PVC Blanket Carrier from China

Dear Ms. Mossa:

In your letter dated July 16, 2003 you requested a tariff classification ruling.

The submitted sample is identified as style 1317, “Clear Vinyl ‘Chill Blanket’ Carrier”. It is a carrying bag made-up mainly of clear Polyvinyl Chloride (PVC) plastic sheeting and 210 denier nylon gussets. The bag has a nylon coil zipper closure and a top carrying handle of nylon. The seams are nylon reinforced and the PVC sheeting is over 4 mil thick. The bag will be sold with a “Chill Fleece Blanket” which is a type of blanket similar to a “Stadium Blanket” or a “Lap Robe”. The intended use for the bag is for storage, protection, organization and portability when traveling with the blanket.

You have suggested classification within tariff number 3923.10.0000, Harmonized Tariff System (HTS) which provides for articles for the conveyance or packing of goods of plastics. The cited provision provides for goods that remain in the stream of commerce and do not become a reusable personal effect. Heading 3923, HTS, is subject to Chapter 39, Legal Note 2(ij) which excludes containers of Heading 4202, HTS from classification therein. Therefore if the container is an article of Heading 4202, it is excluded from Heading 3923, HTS.

Style 1317, “Clear Vinyl Chill Blanket”, is a form of a “traveling bag” which is an eo nomine good of Heading 4202, HTS. The bag is designed to contain a personal effect during travel. It is a container of heading 4202 and is excluded from classification within Heading 3923, HTS.

The applicable subheading for item 1317, “Chill Blanket Carrier” 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 textile materials or of sheeting of plastic, other. . The rate of duty will be 20percent 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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