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NY N020627




December 11, 2007

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Jennifer Darrow
2707 Butterfield Rd.
Oak Brook, IL 60523

RE: The tariff classification of a pizza delivery bag from China

Dear Ms. Darrow:

In your letter dated Dec. 4, 2007, you requested a tariff classification ruling on behalf of Rubbermaid Commercial Products, a division of Newell Rubbermaid Inc. The samples which you submitted are being returned as requested.

You submitted a sample of item number FG9F3600, a pizza delivery bag. It measures approximately 16” square and 4” deep. It is made of woven nylon fabric with polyester fiber fill. There are webbed carry straps and the bag closes with hook-and-loop fastener strips. You state that item numbers FG9F3500, FG9F3700, FG9F3800, AND FG9F3900 are essentially the same except for size. Each bag carries 2-6 pizzas.

The applicable subheading for the pizza delivery bags will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

You state that you believe the proper classification for these bags is 4202.92.0807, HTSUS, which provide for insulated food or beverage bags, with outer surface of textile materials, other, of man-made fibers. However, in Headquarters Ruling Letter 967177, the classification of similar bags was addressed. That ruling stated, in part,

The [Explanatory Note] to heading 42.02 states, in pertinent part, that the expression "insulated food or beverage bags" covers reusable insulated bags used to maintain the temperature of foods or beverages during transportation or temporary storage. However, we have previously ruled that heading 4202, HTSUS, provides for, in part, "a variety of containers ranging from luggage to sports and travel bags, to fitted cases, and assorted similar articles. Its scope extends to various containers that are used to store and/or transport the belongings of an individual, as opposed to bulk goods or commercial goods." (See Headquarters Ruling Letter (HQ) 954072, dated September 2, 1993). The instant pizza bag will be used solely in a commercial nature, in conveying product directly from seller to customer. Therefore, we find that it is not classifiable in heading 4202, HTSUS.

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/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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