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NY N010775




May 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.0807; 4202.92.1000

Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

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

Dear Ms. Young:

In your letter dated May 2, 2007, you requested a classification ruling on behalf of Meijer Distribution. Your samples will be returned as requested.

Item 1-67855-61-06 is a soft-sided insulated travel bag that is designed to provide storage, protection, organization, and portability to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. The bag is constructed with an outer surface mainly of polyvinyl chloride sheeting of plastics. The interior is lined with polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the outer surface and the lining. The bag also has a top carrying handle and a zipper closure. Included with the bag are three glitter pens and appliqués which a child can use to personalize the bag. It measures approximately 9” (W) x 7” (H) x 4” (D).

Item 5-65285-61-06 is a soft-sided insulated travel bag that is designed to provide storage, protection, organization, and portability to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. The bag is constructed with an outer surface of polyester textile fiber. The interior is lined with polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the polyester fabric and the lining. The bag has an adjustable webbed strap, interior pocket, zipper closure, and two front pockets. It measures approximately 11” (W) x 6.5” (H) x 3.25” (D).

The applicable subheading for the item 1-67855-61-06 will be 4202.92.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food and beverage bags, with outer surface of sheeting of plastic, other. The duty rate will be 3.4% ad valorem.

The applicable subheading for the item 5-65285-61-06 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/.

HTSUS 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. 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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