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NY 854308

August 01, 1990

CLA-2-39:S:N:N3G:221 854308


TARIFF NO.: 3926.90.9050

Ms. Yolanda Landau
Milton Snedeker Corporation
105 Chambers Street
New York, NY 10007

RE: The tariff classification of a Thermal Protective Aid (Survival Bag) from Sweden.

Dear Ms. Landau:

In your letter dated July 5, 1990, on behalf of Viking Life Saving Equipment (America) Inc., you requested a tariff classification ruling.

The Ascotherm Thermal Protective Aid (survival bag) is designed to provide protection against hypothermia during prolonged exposure to cold. It is a sack-like article with a closed bottom, a hood and two arm coverings. It measures approximately 2 meters in length, excluding the hood, and one meter in width. There is no opening for the hands. The survival bag may be used by survivors in a life raft or lifeboat, and is large enough to accommodate an adult wearing a life jacket and holding a child. It is made in two versions: one resembles a bag with a hood and zipper, the other has extra arms to comply with the regulations of certain countries. Smaller versions designed for children and a special bag with 2 meters of zipper on one side for survivors who are injured or in shock are also available. The bag is made of polyester scrim covered on the outside surface with orange polyethylene plastic film and covered on the inside surface with aluminized polyester film. The orange polyethylene exterior provides a safety-colored waterproof barrier, while the aluminized interior reduces loss of body heat. The sample is being returned as you requested. However, a swatch of material was removed and the sample was damaged during examination.

The applicable subheading for the survival bag will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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