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NY F84883




April 12, 2000

CLA-2-42:RR:NC:341:F84883

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Daniel J. Gluck
Serko & Simon
One World Trade Center, Suite 3371
New York, NY 10048

RE: The tariff classification of "Mini Messenger Cooler" from China.

Dear Mr. Gluck:

In your letter dated March 30th, 2000, on behalf of California Innovations, Inc., you requested a tariff classification ruling.

The sample submitted is identified by you as style #40300, Mini Messenger Cooler". The retail packing literature submitted is marked item 61282, UPC 60830. However, you have indicated this information is not correct. The bag is similar in design to a small messenger bag. It is constructed of separate three layer panels which are sewn together to form the bag. Each panel consists of a compact plastic sheeting, a middle layer of 1/4" foamed plastic and a layer of Polyvinyl Chloride (PVC) plastic sheeting. The bag is trapezoidal in shape. The exterior is of compact plastic. The overall measurement is 8" high, 10 1/2" across the top, 8 1/2" across the bottom and the side gussets are 4" wide. The bag is not waterproof. It has a top flap, which is secured by means of two luggage type tuck locks. The flap has two decorative panels of man-made textile materials and a "bungee" gear cord laced across the front. It also has a zippered utility pocket, which is 6" deep and 6" wide. The interior of the bag is unstructured. The front panel has a trapezoidal pouch, which appears to be specially sized and shaped for a particular item such as a CD player. The front of the pouch has a mesh pouch. The bag has a removable cell phone case attached to the shoulder strap. There is a padded handle grip on the top.

The literature describes the bag as "A Cool Place to Store Your Stuff" and the interior is said to be an "organizer compartment". The literature also describes it as "Thermal Carry-All and Organizer". The literature depicts the bag as containing food and other stationary or personal articles.

You have indicated that the article is a "cooler" of the class or kind described in SGI, Incorporated v. United States, 122 F3d 1468 (Fed. Cir. 1997). The articles before the court were found to be coolers which are chiefly used for the preparation, serving and storing of food and beverages. Based on the fact that the goods were in chief value of plastics, the court found that the more specific provision for such goods is within heading 3924, which provides in part, for household articles of plastic. The enumerated articles of that heading include goods chiefly used for preparation, serving and storing of food and beverages.

Item #40300 is not chiefly used for the preparation, serving and storage of food or beverages. The bag is a carry all organizer chiefly used for the storage, protection, organization and portability, of sundry personal effects and property, including food or beverages during travel.

The applicable subheading for #40300 will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsother. The rate of duty will be 20% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Your sample is being returned as requested.

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.

Sincerely,

Robert B. Swierupski
Director,

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