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NY M85339

July 31, 2006

CLA-2-42:RR:NC:N3:341 M85339


TARIFF NO.: 4202.92.0807, 4202.92.3031

Eugene R. Smoak
Powell & Powell Supply Co., Inc.
1730 Five Points Lane
Fuquay Varina, NC 27526

RE: The tariff classification of a cooler bag and a carryall bag from China

Dear Mr. Smoak:

In your letter dated June 16, 2006, you requested a tariff classification ruling. Your letter was addressed to the Port of Charlotte, N. C., and was forwarded to us and received in our office on July 20, 2006.

You submitted two samples which you call thermo bags. The first is a soft-sided cooler bag measuring approximately 12” wide, 10” high, and 9” deep. In addition, there is a zippered pocket on the front that expands approximately 2”. Inside this pocket is a mesh pocket. The bag has a three-sided zipper closure. The top has a “quick access” flap, approximately 5” x 7”, that allows items to be inserted or removed without unzipping the entire top; this flap is secured with hook-and-loop fastener strips. The bag is entirely lined with plastic sheeting over a 1/4" foam layer that you describe as EPE sponge. The exterior of the bag is nylon textile fabric. The bag features an adjustable 1¼”-wide webbing shoulder strap.

The applicable subheading for the insulated cooler bag will be 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 7% ad valorem.

The second sample is a carryall type of tote bag that fits on a separate cart. You state that the bag will be imported both with and without the cart. The bag can be used for purposes including shopping and traveling. The bag is approximately 12” wide, 23” high, and 8” deep at the base, tapering to 5” at the top. It has an outer surface of woven nylon fabric and is entirely lined with metalized plastic sheeting bonded to a 1/8” layer of plastic foam. It has a plastic insert to add stiffness to the bottom. The bag opens and closes with a three-sided flap that fastens with a zipper on the top front, extending down approximately 10” from the top. It has three straps across the back by which it attaches to the cart. Hook-and-loop fastener strips are sewn to the back, apparently to loop around the cart, although on the sample we received the strips do not conveniently match up with any part of the cart. The bag has a carry handle on top. The words “Thermo Bag” are written diagonally across the front.

The carryall is a form of the eo nomine "shopping bags" and "traveling bags" of Heading 4202, Harmonized Tariff Schedule of the United States (HTSUS). Chapter 42, Additional U.S. Note 1, HTSUS, provides that the expression "travel, sport and similar bags" includes goods such as shopping bags. Therefore a shopping bag is classifiable within subheading 4202.92 wherein goods described as travel, sport and similar bags are provided.

The applicable subheading for the carryall-type shopping bag imported without the cart will be 4202.92.3031, HTSUS, which provides in part for travel, sport, and similar bags, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the bag with the cart when they are imported together as a unit. Your request for a classification ruling on this composite article must include a value breakdown for each component (cart vs. bag). When this information is available, you may wish to consider resubmission of your request. We will retain the samples for 60 days from the date of this letter.

Both subheadings 4202.92.0807 and 4202.92.3031 fall 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 www.otexa.ita.doc.gov.

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/.

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 341 at 646-733-3041.


Robert B. Swierupski

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