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NY M84805




July 26, 2006

CLA-2-42:RR:NC:TA:341 M84805

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Alexandra Latham
Costco Wholesale
999 Lake Drive
Issaquah, Washington 98027

RE: The tariff classification of bottle bags from China

Dear Ms. Latham:

In your letter dated June 28, 2006, you requested a classification ruling for bottle bags. Your samples are being returned as requested.

The samples submitted are identified as bottle bags. Style numbers were not submitted. The items are fitted bottle bags manufactured of neoprene with an exterior surface of man-made fiber textile materials. The bags are in the general shape and dimensions of bottles. There are three different sizes. The first is designed to fit one 750ml-1L bottle. The second is designed to fit two 750ml-1L bottles. The third is designed to fit six smaller bottles or cans. Each is designed for repetitive reuse as well as storage, protection, organization and portability.

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

In your ruling request you suggest that the proper classification is 4202.92.0807, HTSUS, which provides for insulated food or beverage bags, with outer surface of textile materials, of man-made fibers. That 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. On page 792 the Explanatory Notes provides 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, including maintaining the temperature. 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/.

HTSUS 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.

Sincerely,

Robert B. Swierupski
Director,

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