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NY N024015




March 20, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.0807

Una Gauthier
Barthco International, Inc.
One CVS Drive
Moonsocket, RI 02895

RE: The tariff classification of insulated cooler bags from China

Dear Ms. Gauthier:

In your letter dated February 25, 2008 on behalf of CVS/Pharmacy, you requested a classification ruling.

Each style has a front panel constructed of polyester textile material, while the sides, backs and bottoms of the bags are of polyvinyl chloride plastic (PVC) sheeting material. The essential character is imparted by the front panel of each insulated cooler bag.

Style 453474 is a two-piece insulated soft-sided lunch 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 interior is lined with polyvinyl chloride plastic (PVC) sheeting material. There is a layer of foam plastics between the polyester fabric and the PVC lining. It consists of two separate compartments. The top compartment is empty with a front flap that secures with a hook and loop fastener and a zipper closure. A removable plastic food container is stored in the bottom compartment and secures with a zipper closure. Both pieces will be imported and sold at retail as a set. For classification purposes, the items are considered to be a set, GRI-3 (b) noted. The lunch bag will impart the essential character of the set. The top of the bag has a padded handle with a plastic clip that allows it to attach to a school bag or similar bag. It measures approximately 7” (W) x 11.5” (H) x 6” (D). The sample is being returned to you.

Style 453469 is an insulated soft-sided lunch 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. It has a main interior compartment that is lined with a polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the polyester fabric and the PVC lining. It secures with both a zipper closure and a hook and loop fastener. The top of the bag has a webbed padded carrying handle with a plastic clip that allows it to attach to a school bag or similar bag. It measures approximately 6.5” (W) x 10” (H) x 3” (D). The sample is being returned to you.

Style 453471 is an insulated soft-sided lunch 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. It has a main interior compartment that is lined with a polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the polyester fabric and the PVC lining. It has a zipper closure and a padded carrying handle that allows the bag to be carried by either the top or side. The front exterior has a pocket that secures with a hook and loop closure. It measures approximately 7.5” (W) x 10” (H) x 3” (D). The sample is being retained by this office.

Style 416959 is an insulated soft-sided lunch 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. It has a main interior compartment that is lined with a polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the polyester fabric and the PVC lining. It has a main compartment with a wire frame opening and a zipper closure. It has double webbed carrying handles and an adjustable removable shoulder strap. The front exterior of the bag has an open pocket with a hook and loop closure. It measures approximately 9” (W) x 10” (H) x 6.25” (D). The sample is being retained by this office.

Style 416961 is an insulated soft-sided lunch 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. It has a main interior compartment that is lined with a polyvinyl chloride plastic sheeting material. There is a layer of foam plastics between the polyester fabric and the PVC lining. It has a zipper closure along three sides and a top padded carrying handle. The front exterior has a pocket with a flap and a hook and loop closure. The side of the bag has a loop where a removable insulated water bottle is attached by its own carrying handle. Both pieces will be imported and sold at retail as a set. For classification purposes, the items are considered to be a set, GRI-3 (b) noted. The lunch bag will impart the essential character of the set. It measures approximately 7” (W) x 8” (H) x 3” (D). The sample is being returned to you.

The applicable subheading for the insulated lunch bags, styles 453474, 453469, 453471, 416959, and 416961 will be 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food and 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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