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NY N012724




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.0807

Stephen M. Zelman
Stephan M. Zelman and Associates
888 Seventh Avenue, Suite 4500
New York, NY 10106

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

Dear Mr. Zelman:

In your letter dated June 7, 2007, you requested a classification ruling on behalf of your client Fownes Brothers & Co. Your sample will be returned as requested.

The sample submitted is an insulated food and beverage bag, style number 812. The bag is constructed with an outer surface of man-made textile material. It is designed to contain ice and is principally used to maintain the temperature of food or beverages during travel. The cooler has a middle layer of 0.25 " polystyrene foam plastics and a waterproof vinyl lining. The interior has one main insulated compartment with a storage pocket of clear polyvinyl chloride (PVC) sheeting with a zippered closure. The underside of the lid has a mesh pocket with a hook and loop closure. The top of the bag is secured by means of a zippered closure on three sides of the bag. The exterior of the bag features a large pocket on the front and a mesh pocket on the back with hook and loop closures. The bag is carried by means of an adjustable webbed textile shoulder strap. It measures approximately 8.5” (W) x 11” (H) x 5.25” (D).

The applicable subheading for the 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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