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August 16, 1999

CLA-2-39:RR:NC:SP:222 E84979

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.5000

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of a plastic cooler bag from China.

Dear Mr. Weinrauch:

In your letter dated July 19, 1999, on behalf of your client Label It, Inc., you requested a classification ruling.

The submitted sample is identified as Label It item #A-0005F9. It is a medium size cooler bag that measures 12 inches by 7 inches by 7 inches. This bag will also be imported in a large size identified as Label It item #A-0006F9. This bag measures 16 inches by 10 inches by 10 inches.

This product is called Super-Insulating Cooler. The outer surface is composed of a woven fabric made of clear plastic strips of polyethylene, not over 5 millimeters in width. The fabric is coated on one side with opaque plastic and on the other side with metallized plastic. The padding is composed of 3M “Thinsulate Insulation”. The inner lining is composed of plastic. This cooler bag has two carry handles that are made of webbed material. There are two magnetic strips along the top of the bag for closure.

“The cooler is chiefly used to maintain food or beverage at a desired temperature over a period of time”. (SGI, INC. v United States).

The sample is returned as you requested.

The applicable subheading for sizes of the cooler bags will be 3924.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articlesof plastics: tableware and kitchenware: 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 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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