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NY H83078

July 27, 2001

CLA-2-63:RR:NC:TA:351 H83078


TARIFF NO.: 6307.90.9989

Mr. Christopher J. Martin
Tower Group International, Inc.
850 South West 7th St., Suite #100
Renton, WA 98055-2979

RE: The tariff classification of a “Lunch Pack Set” from China.

Dear Mr. Martin:

In your letter dated July 5, 2001, on behalf of Zak Designs Inc., you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is a “Lunch Pack Set,” style CUGE-2760. It consists of a soft-sided lunch bag that will store and protect food by maintaining an optimum temperature over time, a thermos and a sandwich container. The lunch bag is made of three layers of material. The outer layer consists of a woven fabric, which has been coated, covered, or laminated, with a layer of plastic material. The plastic has been determined to be noncellular. The plastic surface of this panel faces outward and the plastic has been embossed to simulate the look of a woven fabric. Material of this construction is considered to be of textile for tariff classification purposes. 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 zipper closure on three sides. It has a web fabric shoulder strap and carry handle. The plastic insulated bottle is designed with a screw off top. The sandwich container is constructed of plastic material.

This combination of articles is considered a set for tariff purposes. Each of the items in the set contributes a significant function in the overall use of the set. Consequently, no one item provides the set with its essential character. In accordance with General Rule 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 Pack Set” will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 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 Mitchel Bayer at 212-637-7086.


Robert B. Swierupski

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