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NY E89488

January 18, 2000

CLA-2-42:RR:NC:TA:341 E89488


TARIFF NO.: 4202.92.9025

Mr. Gene Davis
Costco Wholesale, Inc.
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of California Innovations “Wine & Beverage Tote Cooler™” from Hong Kong and/or China.

Dear Mr. Davis:

In your letter dated November 4, 1999, you requested a classification ruling.

The sample submitted is identified as the California Innovations “Wine & Beverage Tote Cooler™”. It consists of an insulated tote designed to carry one bottle of approximately one liter size. The tote has an exterior surface of man-made textile materials, an inner layer of insulation and a waterproof lining. It has an adjustable woven shoulder strap. The front has a zipper compartment which is fitted with a bottle stopper/spout and a combination corkscrew/ bottle opener of metal. There is a fitted pocket on each side which each contains one plastic wineglass. A hot/cold pack is inserted into a fitted pocket within the tote. The “Wine & Beverage Tote-Cooler™” and accessories are dedicated for the purpose of preparing, storing and serving a beverage. The article is considered to be a “Set” as provided by General Rule of Interpretation (GRI) 3(b). The tote imparts the essential character. Your sample is being returned as requested.

The applicable subheading for the “Wine & Beverage Tote Cooler™” as a set will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 18.6 percent ad valorem.

The tote bag falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kevin Gorman at 212-637-7091.


Robert B. Swierupski

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