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NY N007018




March 6, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.0807

Una Gauthier
Barthco International, Inc.
2200 Broening Highway, Suite 200
Baltimore, MD 21224

RE: The tariff classification of insulated tote bag and insulated lunch bag from China

Dear Ms. Gauthier:

In your letter dated February 8, 2007, you requested a classification ruling on behalf of your client, California Innovations. Your samples are being returned.

The samples submitted are identified as the “Pink Ribbon Tote and Box combo,” item number 342513. The two bags are soft-sided insulated travel bags that are designed to provide storage, protection, organization, and portability to food and beverages during travel. They are also designed to maintain the temperature of food and beverages. The bags are constructed with an outer surface of man-made fibers. The middle layer of each bag consists of foam plastic that provides insulation and cushioning to the bags. The final layer lines the interior of the bags and is manufactured from polyvinyl chloride (PVC) plastic sheeting.

The tote bag of item 342513 has two carry handles and a top zipper closure. It measures approximately 9.5” (H) X 12.25” (W) X 5.75” (D). The lunch bag of item 342513 has a zippered top lid, an adjustable, removable shoulder strap, and a top carrying handle. It measures approximately 10” (W) X 7” (H) x 4” (D).

The applicable subheading for the insulated tote bag and insulated lunch bag will be 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food or beverage bags, other, of man-made fibers. The duty rate will be 7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

HTS 4202.92.0807 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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