CLA-2:CO:R:C:G 085860 SR
Mr. Gerry A. Palomo
Japan Freight Consolidators, Inc.
P.O.Box 280517
San Francisco International Airport
San Francisco, CA 94128-0517
RE: Classification of a plastic picnic container
Dear Mr. Palomo:
This is in reference to your letter dated September 19,
1989, requesting the classification of a plastic picnic container
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). A sample produced in Japan was submited.
FACTS:
The merchandise at issue consists of a molded plastic case
with a handle. The case measures 8 1/2 inches high by 12 inches
long by 4 inches thick. The case contains a plastic plate, bowl,
mug, fork and spoon.
ISSUE:
What is the classification of the picnic container at issue?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is in accordance
with the General Rules of Interpretation (GRI), taken in order.
GRI 3(b) provides that goods put up in sets for retail sale shall
be classified as if they consisted of the material or component
which gives them their essential character. The Explanatory
Notes provide the official interpretation of the tariff at the
-2-
international level. The Explanatory Notes to GRI 3(b) define
goods put up in sets for retail sale to mean goods which consist
of at least two different articles which are prima facie,
classifiable in different headings, consist of products or
articles put up together to meet a particular need or carry out a
specific activity, and are put up in a manner suitable for sale
directly to users without repacking. The picnic case with dishes
and utensils meets this definition of a set. Each of the
separate items that are included with the case are prima facie
classifiable in different headings. They all are intended for
use on a picnic and they come packaged together.
The essential character of the item is imparted by the
plastic container. It is the bulk of the article and plays the
main role. It serves to hold all the other components of the set
as well as food. The cooler is classifiable under heading 3923,
HTSUSA, which provides for articles for the conveyance or packing
of goods, of plastics. The cooler is used to store food and to
convey it to a picnic.
HRL 083856, dated May 18, 1989, dealt with plastic Thermos-
type beverage holders. These beverages holders were classified
under heading 3923, HTSUSA, as articles for the conveyance or
packing of goods, of plastics. These beverage holders, like the
coolers at issue, are purchased empty and filled by the consumer
and are used to transport liquid beverages. HRL 083362, dated
July 21, 1989, dealt with a moulded plastic insulated picnic
cooler which contains special compartments and containers to
preserve and carry food. These picnic coolers were classified
under heading 3923, HTSUSA, as articles for the conveyance or
packing of goods, of plastics.
HOLDING:
The merchandise at issue is classifiable under subheading
3923.10.0000, HTSUSA, which provides for articles for the
conveyance or packing of goods, of plastics, boxes, cases,
crates, and similar articles. The rate of duty is 3 percent ad
valorem under the General duty rate column.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference