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NY K83949




March 15, 2004
CLA-2-42:RR:NC:TA:341 K83949

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1000; 4202.92.0807

Mr. Steve Kuchta
Kuehne & Nagel, Inc.
10 Exchange Place, 19th Floor
Jersey City, NJ 07302

RE: The tariff classification of lunch tote sets from China.

Dear Mr. Kuchta:

In your letter dated March 4, 2004, on behalf of Trudeau Corp., you requested a classification ruling for lunch tote sets.

The samples submitted are not identified by style numbers. The items are insulated carrying bags principally used for the maintenance of temperature of food and beverage during travel. The articles consist of two pieces. One set is a “Disney Adventure” lunch tote with canteen. The bag is manufactured with an exterior surface of polyvinyl chloride (PVC) sheeting. The other item is a blue lunch tote with an enclosed plastic food container. This bag is manufactured with an exterior surface of man-made fiber textile material. Both items feature carrying straps and zippered closures. Both of the above items will be imported and sold at retail sale as a set. For classification purposes the items are considered to be a set. GRI-3 (b) noted. The lunch bag will impart the essential character of the set.

The applicable subheading for the lunch tote set of plastic will be 4202.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insulated food or beverage bags, with outer surface of plastic sheeting, other. The duty rate will be 3.4 percent ad valorem.

The applicable subheading for the lunch tote set of man-made fiber will 4202.92.0807, HTS, which provide for insulated food or beverage bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 7 percent ad valorem.

HTS 4202.92.0807 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

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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