CLA-2-39:RR:NC:TP:221 A87296
Mr. James W. Lawless
C.H. Powell Company
1 Intercontinental Way
Peabody, MA 01960
RE: The tariff classification of bags from Denmark.
Dear Mr. Lawless:
In your letter dated August 29, 1996, on behalf of Exim
Trading, Inc., you requested a tariff classification ruling.
The two bags labeled as item 1 are described as "thermo-
bags" or "multi-bags." These bags are intended for use as
carriers for frozen or refrigerated groceries, such as ice cream,
milk or chilled beverages, or warm products such as roasted
chickens. The larger bag is a shopping bag measuring
approximately 18 1/4 inches square with no gusset. It closes by
means of a molded plastic snap strip with handles. The smaller
bag is a merchandise bag measuring approximately 17 inches by 6
inches. This bag has no handles, and is designed to hold a
bottle. Both the shopping bag and merchandise bag are composed
of two layers of polyethylene sheeting and have heat sealed
seams. The outer layer of the shopping bag is clear, while the
outer layer of the bottle bag is transparent. The inner layer of
each bag is composed of a thicker silver colored polyethylene
sheeting. The reflectivity of the silver colored interior helps
retain the heat or coolness of the product packed inside. The
bags are flimsily constructed and not designed for prolonged use.
The bag labeled as item 2 is described as the "maxi
carrier," or "thermo-bag with wooden dowel handle." This bag is
composed of three layers. The outermost layer is composed of
polyethylene sheeting. The innermost layer is composed of
polyethylene sheeting on which a layer of aluminum particles has
been vapor deposited. This coating helps retain the heat or
coolness of the product packed inside. In addition, there is a
middle insulating layer made of closed cell foam plastics. The
handle is a wooden dowel covered with plastic sheeting. The bag
closes by means of a flap with snap. This bag is of more
substantial construction, and is considered to be a shopping bag
suitable for prolonged use.
The product labeled as item 3 is called a thermo starter or
battery insulator. It is an insulated cover designed to fit onto
the battery in a car. The insulator helps protect the battery
from cold temperatures, making it easier to start the vehicle in
cold weather. The cover is said to be made of two layers of
metallic polypropylene film with an insulated stuffing made of
nonwoven polyester fibers. It has sewn seams, contrasting color
piping, and 4 velcro tabs with which it can be secured inside the
engine.
The applicable subheading for the non-insulated shopping bag
and merchandise bag identified as item 1, which are made of a two
layer construction without insulation, will be 3923.21.0090,
Harmonized Tariff Schedule of the United States (HTS), which
provides for articles for the conveyance or packing of goods, of
plastics...sacks and bags, of polymers of ethylene, other. The
rate of duty will be 3 percent ad valorem.
The applicable subheading for the insulated shopping bag
identified as item 2, which is made of a three layer construction
including foam insulation, will be 4202.92.4500, HTS, which
provides for travel, sport and similar bags, with outer surface
of sheeting of plastics. The rate of duty will be 20 percent ad
valorem.
The applicable subheading for the insulated car battery
cover will be 8708.99.8080, HTS, which provides for parts and
accessories of the motor vehicles of headings 8701 to 8705,
other, other. The rate of duty will be 2.9 percent ad valorem.
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 Joan
Mazzola at 212-466-5580.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division