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NY 806458




February 24, 1995

CLA-2-42:S:N:N6:341 806458

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Mel Mogil
California Innovations, Inc.
4211 Yonge St. - Suite 610
Willowdale, ON Canada M2P 2A9

RE: The tariff classification of a "Thermalwhiz" picnic bag from China and/or Taiwan.

Dear Mr. Mogil:

In your letter dated January 31, 1995, you requested a classification ruling for a "Thermalwhiz" picnic bag.

The sample submitted, identified as a "Thermalwhiz Lunch Cooler", is a composite of GRI 3(b) consisting of a textile picnic bag and a plastic freezer pack. The pack is inserted into a mesh pocket in the interior top of the bag. The essential character is imparted by the bag. The bag has a webbed textile carrying handle and shoulder strap. It measures approximately 10" x 7 1/2" with 3 1/2" gussets. The top is secured by means of a textile zippered closure.

The applicable subheading for the picnic bag of textile material and the plastic freezer pack as a composite will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HAS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.8 percent ad valorem.

Items classifiable under 4202.92.3030 fall within textile category designation 670. Based upon international textile trade agreements products of China and Taiwan are subject to quota and the requirement of a visa. The weight of the bag only is included in the visa weight.

The designated textile and apparel categories 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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