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NY N011543




June 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.0807

S. Richard Shostak
Stein Shostak Shostak, Pollack & O’Hara, LLP 865 South Figueroa Street, Suite 1388
Los Angeles, CA 90017

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

Dear Mr. Shostak:

In your letter dated May 15, 2007, you requested a classification ruling on behalf of your client, Earthwise Bag Company, Inc. Your sample will be returned to you as requested.

The submitted sample is an insulated food and beverage bag constructed with an outer surface of a spun-bonded polypropylene textile material. It features a polyester fiber insulating layer between the lining of the bag and the outer textile material. The bag features two carrying straps and a top zipper closure. The bag is capable of prolonged and repetitive re-use. It is designed to provide storage, protection, portability, and organization to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. It measures approximately 13’ (W) x 14” (H) x 7.5” (D).

The applicable subheading for the insulated food and beverage bag will be 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food or beverage bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 7% 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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