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NY K85953





May 12, 2004
CLA-2-42:RR:NC:TA:341 K85953

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Vidya Bhavnani
Sun Coast Mdse. Corporation
6315 Bandini Blvd.
Commerce, CA 90040

RE: The tariff classification of an insulated shoulder bag from China.

Dear Ms. Bhavnani:

In your letter dated May 6, 2004, you requested a tariff classification ruling for an insulated shoulder bag.

The submitted sample is not identified by style number. You describe it as “Insulated multi function bag made of man-made fibers.” The item is an insulated shoulder bag that measures approximately 12” x12” x5”. It resembles a “messenger bag” in style. It is made-up of panels consisting of a three layer construction of an outer of a heavy weight polyester fabric that is plastic backed, a middle layer of foamed plastics approximately 1/8 th inch thick and a inner layer of heavy gauge plastic sheeting. All seams are covered with plastic edging and stitched. The bag is not waterproof. The bag has a full flap closure with dual hook and loop closures. There is a zippered security pocket located on the exterior of the flap. The interior has one main compartment with a divider of plastic sheeting that forms open storage pocket. The bag features a top pick-up loop, a removable and adjustable shoulder strap with shoulder pad. It has an elastic gathered pocket on each exterior side gusset and two flap pockets with hook and loop fasteners located on the front and under the flap.

The shoulder bag appears to be of a kind similar to a diaper bag designed to contain clothing and other personal effects, including an infant’s provisions, during travel. It is principally used to provide storage, protection, organization and portability for the contents. Whatever insulation value it may have, it is inclusive within its storage capability and is not greater than the useful functions of providing storage, protection, organization and portability for clothing and personal effects, including provisions, during travel. The interior divider of plastic sheeting is of a kind normally used to separate soiled or damp items.

The applicable subheading for the insulated shoulder bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel, sport and similar bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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