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NY F82644




February 23, 2000

CLA-2-63:RR:NC:TA:352 F82644

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9907

Mr. Nohemy Valdivieso
Nohemy Customs Broker, Inc.
11222 La Cienega Blvd., Ste 135
Inglewood, CA 90304

RE: The tariff classification of a “Lunch Kit Combo” from Taiwan.

Dear Mr. Valdivieso:

In your letter dated February 1, 2000, on behalf of Pecoware Company, Inc., you requested a classification ruling. The sample is being returned as requested.

The sample submitted is a “Lunch Kit Combo”. It consists of a lunch bag, a thermos and a sandwich container packed in a clear blister pack. The lunch bag is made of three layers of material. The outer layer consists of polyester woven fabric which has been coated, covered, or laminated with a layer of plastic material. The textile fabric surface of this material faces outward. The middle layer of this product is a layer of plastic foam. This layer functions as an insulating and cushioning material. The third layer which forms the interior of the lunch bag is manufactured from plastic sheeting material. The bag features a flap top closure with strips similar to the VELCRO brand fastener. It has a web fabric shoulder strap. The lunch bag is designed as a soft-sided insulated lunch bag that will store and protect food by maintaining an optimum temperature over time. The plastic thermos is designed with a screw off top. The screw off top features an attached straw that pops out when a button on the side is pressed. Attached onto the side of the thermos is a web fabric shoulder strap. The sandwich container is constructed of plastic material. It features on the inside a removable plastic tray.

This combination of articles is considered a set for tariff purposes. Each of the items in the set contributed a significant function in the overall us of the set. Consequently, no one item provides the set with its essential character. In accordance with General Rules of Interpretation 3 (c) the set is classifiable under the heading which appears last in numerical order among those which equally merit consideration.

The applicable subheading for the “Lunch Kit Combo” will be 6307.90.9907, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other: Cooler bags with an outer surface of textile materials: Of man-made fibers. The duty rate will be 7 percent ad valorem.

The lunch bag falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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