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NY 869678

December 23, 1991

CLA-2-42:S:N:N3G:341 869678


TARIFF NO.: 4202.92.4500; 4202.92.3030

Mr. David M. Blake
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of an insulated travel bag from Taiwan.

Dear Mr. Blake:

In your letter dated December 10, 1991, on behalf of California Innovations, Inc., you requested a classification ruling on an insulated travel bag.

You have submitted two samples with your request. Both samples are identified as "Thermalwhiz" with adjustable polypropolene webbed shoulder straps, with zipper and hook and loop fasteners for closures. However, "Thermalwiz" #1 is constructed of an outer surface of nylon textile material and "Thermalwiz" #2 is constructed of an outer surface of PVC.

Your samples are being returned as requested.

The applicable subheading for "Thermalwiz" #2 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of plastic sheeting, other. The duty rate will be 20% ad valorem.

You refer to Binding Ruling NY843985 in which New York ruled that "Thermalwiz" #1 was properly classifiable under 4202.92.3030, HTS, travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, dutiable at the rate of 20%. You ask in your letter whether instant article would be more properly classified under 4202.92.4500, HTS, because the overall weight content was primarily the PVC.
Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes, and, provided such headings or notes do not otherwise require, according to (the remaining GRI's taken in order)".

Accordingly, heading 4202.92 provides for travel, sports and similar, bags with outer surface of plastic sheeting or of textile materials.

Inasmuch as "Thermalwiz" #1 is primarily covered with outer surface of plastic sheeting, the applicable classification will be the same as previously ruled on in NY843985.

Subheading 4202.92.3030 falls within textile category designation 670.
Based upon international textile agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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