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NY N015302

August 10, 2007



TARIFF NO.: 3926.90.9980; 4202.92.0807

E. Neuhaus
Lifoam Industries, LLC
235 Schilling Circle, Suite 111
Hunt Valley, MD 21031

RE: The tariff classification of a cooler bag and a freezer pack from China. Correction to Ruling Number N013856

Dear Mr. Neuhaus:

This replaces Ruling Number N013856, dated July 13, 2007, in which a cooler bag and freezer pack were classified together as a set. In your letter, which was received in this office on August 6, 2007, you clarified that the two items will not be imported or sold together. A complete corrected ruling follows.

The sample submitted is a soft-sided insulated cooler bag that is principally used to maintain the temperature of food and/or beverage during travel or temporary storage. It is manufactured with an exterior surface of 100% nylon textile material. It measures approximately 8.25” (W) x 6.5” (H) x 5.75” (D). The cooler bag has an inner layer of insulation material. The interior has a main compartment with a waterproof vinyl lining. The bag is carried by means of an adjustable webbed textile shoulder strap. The top of the bag is secured by means of a zippered closure on three sides of the bag. The exterior of the cooler bag has a zippered pocket, an open mesh pocket, and a pocket with a hook and loop closure.

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

The applicable subheading to the freezer pack containing a cellulose ester polymer and water will be 3926.90.9980, HTSUS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914. The duty rate will be 5.3% 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/.

HTSUS 4202.92.0807 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Vikki Lazaro at 646-733-3041.


Robert B. Swierupski

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