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NY D83379

November 24, 1998

CLA-2-63:RR:NC:TA:352 D83379


TARIFF NO.: 6307.90.9989

Mr. Gordon C. Anderson
C.H. International, Inc.
5995 Opus Parkway, Suite 201
Minnetonka, MN 55343

RE: The tariff classification of a "Noah's Ark Lunch Box" from China.

Dear Mr. Anderson:

In your letter dated October 29, 1998, on behalf of Zondervan Publishing House, Grand Rapids, Michigan, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are "Noah's Ark Lunch Boxes", item numbers 98289 and 98307. They are insulated children's lunch boxes that are used to store and transport food and beverages. The boxes are made of three layers of material. The outer layer consists of a man-made woven fabric which has been coated, covered, or laminated with a layer of plastic which is said to be polyvinyl chloride. The plastic has been determined to be noncellular. The plastic surface of this material faces outward and the plastic has been embossed to simulate the look of a woven fabric. The middle layer of these product is a layer of polyethylene foam. The final layer, which forms the interior of the insulated boxes, is made of a polyvinyl chloride sheet. The boxes feature a textile web fabric carry handle and are secured by means of a zipper closure on three sides. Printed on one exterior side are colorful Noah's Ark characters. The item numbers are identical in construction except that item number 98289 features an open pocket on the exterior side. The boxes measure approximately 9 1/2" x 7 1/2" x 3 1/2".

The applicable subheading for the "Noah's Ark Lunch Boxes" will be 6307.90.9989, Harmonized Tariff Schedules of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

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 Alan Tytelman at 212-466-5896.


Robert B. Swierupski

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