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January 22, 1999

CLA-2-39:RR:NC:SP:222 D86222


TARIFF NO.: 3924.10.5000

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, NY 10004

RE: The tariff classification of a baby snack tote bag from China.

Dear Mr. Peterson:

In your letter dated December 21, 1998, on behalf of your client Dolly, Inc., you requested a tariff classification ruling.

The submitted sample is a baby snack tote bag. This item is composed of plastic with polyurethane foam insulation. It is designed to store and transport baby foods and beverages. This baby snack tote is made similar to the shape of a child’s lunch box. A webbed handle is permanently sewn to each side of the bag. The outer plastic surface is printed in a blue and white checkerboard design, it is decorated repeatedly with the Disney’s “Winnie the Pooh” character.

The baby snack tote measures approximately 8-1/2 inches high, 7-3/4 inches wide and 3-1/2 inches deep. A 24 inch zipper extends around the sides and top of the bag. The inner surface of the upper lid contains a zippered pocket of clear vinyl plastic. The outside front and back panels contain pockets. The front panel pocket remains open, the rear panel pocket has Velcro-like tabs for closure. The storage area inside the bag is divided into three compartments by Velcro-like fastened plastic panels. The largest compartment contains a double loop of thick elastic band that can be used to hold two containers of food or beverage in place. The panels can be removed if desired to make a larger compartment. This tote also contains an ice pack that can be inserted (once frozen), in the inner clear zippered pocket to maintain a certain temperature for the food or beverage.

This sample is returned as you requested.

The applicable subheading for the baby snack tote bag will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for...other household articles...of plastics: other. The rate of duty will be 3.4 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 Alice Masterson at 212-466-5892.


Robert B. Swierupski

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