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NY K88167




August 19, 2004
CLA-2-42:RR:NC:3:341 K88167

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020

Ms. Despina Keegan
Serko & Simon, LLP
1700 Broadway 31st Floor
New York, N.Y. 10019

RE: The tariff classification of insulated knapsacks from China.

Dear Ms. Keegan:

In your letter dated July 29, 2004, you requested a classification ruling. The request is on behalf of California Innovations, Inc.

An unidentified sample has been submitted. You have advised this office that your client has not assigned a product code number or final name for the product. You have indicated by phone that it may be called ”Cooler Day Pack”. The sample will be returned as requested.

The submitted sample consists of larger and smaller carrying bags that are designed to be worn, concurrently as one item or independent of each other, on the back similar to a knapsack or backpack. Each bag is manufactured of top, front, back and side panels consisting of a three-layer construction. The panel’s inner layer is a composite of vapor deposited metallic plastic sheeting and a clear plastic surface. The middle layer is of a ¼” semi-rigid closed cell foam plastic. The exterior surface constituent material is of man-made fiber textile materials. Each layer is stitched together with plastic piping and bound with an edging of plastic sheeting. The stitched edges are not watertight.

The larger bag is of a kind similar to a knapsack or daypack. It has an overall size of 15” in height x 11 ½” in width and 5” in depth. The top opening is secured by means of a nylon coil zipper and measures approximately 7” x6”. The interior has one main storage area fitted with a removable clear plastic, leak proof, lining that is held in place by means of hook and loop fasteners. The plastic lining is used to maintain the dry integrity of the main bag. The exterior has one small open pocket on one side and bungee cord with cord lock on the opposite. Although the intention is primarily to contain foods or beverages, the inner plastic lining is removable and the bag can also contain personal articles in addition to provisions.

The smaller bag is constructed of the same materials and in the same manner as the larger. It has a unique narrow shape and size. It measures approximately 10 ½” x8 ½” x 11/2”. There is a nylon coil zipper closure that extends across the top and approximately two-thirds down each side. It appears to be specially shaped to contain a specific article such as a food storage container. There is a zippered pocket on the front that appears to be intended to hold small accessories such as eating implements or other small personal items. This component is attached to the larger pack by means of standard backpack type side release clasps. It also can be independently worn on the person by means of attached adjustable shoulder straps or carried by means of a sewn-on pick-up loop.

Although each item is an insulated bag intended to maintain the temperature of food or beverages, neither item is in fact a cooler similar to the hard and soft-sided cooler that is chiefly used to prepare, serve and store food or beverages. Both items provide the useful functions of storage, protection, organization and portability for provisions during travel. Both items are essentially a knapsack or haversack which are articles used to provide storage, protection and organization for a travelers provisions.

You have indicated that the item, either taken as a whole or individually, should be classified within tariff number 4202.92.0807, which provides for insulated food or beverage bags, with outer surface of textile materials, of man-made fibers. The classification is a “use” provision that requires that the item be principally used to maintain the temperature of foods or beverages during transport or temporary storage. The Explanatory Notes at page 792 provide that insulated food or beverage bags are “used to maintain the temperature of food or beverages during transport or temporary storage”. Additional U.S. Rule of Interpretation 1.(a) specifies that the controlling use is the principle use. The useful functions of storage, protection, organization and portability are greater than any other use the articles may have.

Heading 4202 provides primarily for specific eo nomine articles and all forms thereof. “Knapsacks” are a specifically name good of Heading 4202. Certain subheadings such as 4202.92.0807 are chief use provisions. Whether or not each item is chiefly used to maintain the temperature of foods or beverages during transport or temporary storage, both are in fact forms of the eo nomine “knapsacks” which are commonly used to contain provisions during travel . Articles such as knapsacks and backpacks can be of an insulated or non-insulted construction. In this instant, the submitted sample is more specifically provided within the provision for knapsacks and backpacks.

The applicable subheading for the insulated knapsacks and will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for, in part, for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Goods classified within hts 4202.92.3020 fall 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.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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