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NY F86780

May 17, 2000

CLA-2-63:RR:NC:TA:351 F86780


TARIFF NO.: 6307.90.9907

Roger Bastarache
VP Sales and Marketing
Ny-Tech Design, Ltd.
253 Industrial Avenue
Truro, Nova Scotia, Canada B2N 5V2

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a nylon six-pack cooler, item number NT-3006N, from Canada; Article 509

Dear Mr. Bastarache:

In your letter dated January 14, 2000, and supplemented by your letter of April 24, 2000, you requested a ruling on the status of your item NT-3006N Nylon Six Pack Cooler from Canada under the NAFTA.

Style NT-3006N Nylon Six Pack Cooler is a soft-sided insulated container which is constructed using three distinct layers of material. The exterior or outer layer is made from a 100% filament nylon plain woven fabric which has been coated, covered, or laminated on one side with a layer of compact plastic said to be polyvinyl chloride. You have verified that this fabric is imported into Canada in large rolls from Taiwan. You state that the fabric is cut to the required specifications at your plant, where your customer’s logo is then silk-screened onto it. You state that the entire bag is then assembled in your factory in Nova Scotia.

The woven fabric surface of this fabric faces outward and forms the visible outer surface of the product. As such, it is this fabric that determines the essential character of the bag.

You have provided Certificates of Origin documenting that all other components originate in either Canada or the United States. The middle layer of this product is a thin layer of polyurethane foam (1/4 inch thick) which functions as an insulating and cushioning material. The final layer, which forms the interior of the bag, is made from vinyl sheeting. This insulated bag is rectangular in shape and measures approximately 9” X 8.5” X 6”. The bag features a woven polypropylene shoulder strap and a zipper closure that extends ¾ of the way around the top of the bag. These insulated cooler bags are designed to store and preserve food or beverages and maintain their temperature over time.

The applicable subheading for the cooler bag designated as style NT-3006N will be 6307.90.9907, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . ., other, other, other, cooler bags with an outer surface of textile materials, of man-made fibers. The general rate of duty will be 7 percent ad valorem.

Each of the non-originating materials used to make the cooler bag has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/63. The cooler bag will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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