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NY M83678

May 30, 2006

CLA-2-42:RR:NC:3:341 M83678


TARIFF NO.: 4202.92.9026

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of carrying case, “Lunch Tote”, from China

Dear Ms. Davidson:

In your letter received in the office on, you requested a classification ruling.

The submitted sample, identified as item 10034097, is a carrying case said to be a “Lunch Tote”. It is constructed of separate panels each consisting of an exterior of vinyl backed man-made fiber textile fabric, a middle layer of approximately ½” open cell foamed plastic materials and an inner layer of plastic sheeting. The exterior surface constituent material is the man-made fiber textile material. The three layer panels are each stitched together to form a rectangular shaped carrying case. The carry case has a top lid with nylon coil zipper closure that extends around three sides. The case has an adjustable shoulder strap of woven textile material. It measures approximately 12” x 8 1/5” x 2”.

You have indicated that the case is principally used to maintain the temperature of food or beverages during travel. The case does not appear to be principally designed and used to contain food or beverages. The design and construction is substantially similar to The Container Store articles 10034097, Laptop case that was subject of prior ruling NY M80685 and article 10033249, Eagle Creek Pack-It cube.

Although article 10034097 is constructed with a layer of ½” open cell foamed plastics, it is not designed nor used the same as a traditional cooler which is used to maintain temperature at a desired temperature. Whether or not the case is capable of retarding temperature loss or gain, it does not maintain the temperature. The case is not of a waterproof construction and is not sealed the same as a cooler and therefore is not capable of restricting the transfer of outside and inside air. The ½” open cell foam plastics permits the transfer of moisture and air thus reducing any ability to maintain the temperature of the interior. On the other hand, the foamed plastics is capable and equally used to cushion and protect the contents from shock similar to carrying cases for items such as a laptop, DVD player or a bottle case.

If used to carry food or beverages, the article has the same useful characteristics of a knapsack or rucksack that are commonly used to provide storage, protection, organization and portability for provisions during travel.

The applicable subheading for 10034097 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Tariff number 4202.92.9026 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.


Robert B. Swierupski

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