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January 29, 1999

CLA-2-63:RR:NC:TA:352 D86913

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Sandy M. Rickert
E. Besler & Company
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of an insulated lunch tote from China.

Dear Ms. Rickert:

In your letter dated September 17, 1998, on behalf of LTD Commodities, Incorporated, Bannockburn, Illinois, you requested a tariff classification ruling.

The sample submitted is a soft-sided insulated lunch tote, item number ILN, that is used to store and transport food and beverages. The tote is made of three layers of material. The outer layer consists of a nylon 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 the material faces outward and the plastic has been embossed to simulate the look of a woven fabric. The middle layer of this product is a layer of polyethylene foam. The final layer, which forms the interior of the insulated tote is made of a polyvinyl chloride sheet. The lunch tote measures approximately 11 inches high by 7 inches wide by 12 inches deep and features a woven nylon carry handle. The lunch tote is constructed with two insulated compartments. The upper compartment when the top is rolled down it is held closed with strips similar to the VELCRO brand fastener. The bottom compartment has a zipper closure.

The applicable subheading for the lunch tote will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

At the present time there are no visa or quota restrictions for articles classifiable under subheading 6307.90.9989, HTS, from China.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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