CLA-2-42:OT:RR:NC:N4:441
Gunnar Hammerbeck
Bella Vita
1000 South Park Lane, Suite 1
Tempe, AZ 85281
RE: The tariff classification of bottle bags from China
Dear Mr. Hammerbeck:
In your letter dated August 4, 2011, you requested a tariff classification ruling. Your samples will be returned to you.
The submitted samples are two bottle bags constructed of plastic sheeting material. They are identified by the product names “Chill It 1C” and “Chill It 6”. Both bags and feature cells filled with freezable colored liquid. The bags with gel liquid form composite goods, General Rule of Interpretation 3(b) noted. The essential character is imparted by the bags.
The “Chill It 1C” is a bottle bag that is designed to provide storage, protection, portability, and organization to a single bottle. Based on the information you provided the bag is intended for use with bottles of wine, champagne, craft beer, etc. The bag is cylindrical in shape, has an open top without a means of closure, and two carrying handles. It is of a durable construction and suitable for repetitive use. It measures approximately 4" (W) x 12" (H). The “Chill It 6” is a bottle bag that is designed to provide storage, protection, portability, and organization to six beverage bottles. Based on the information you provided the bag is intended for use with six packs of beer, soda, water, etc. The bag has an open top without a means of closure, and two carrying handles. The interior is divided into two sections, each capable of accommodating three bottles. It is of a durable construction and suitable for repetitive use. The bag measures approximately 7.5" (W) x 7" (H) x 5" (D).
In your submission you suggest classification under 4202.92.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food or beverage bags. You argue that since the bags are designed for chilling and insulating beverages, that classification would apply. However, the “Chill It” bags are bottle bags, such as the one described in New York Ruling Letter (NYRL) N087914, dated December 23, 2009, which are classified elsewhere in Heading 4202. The open tops and lack of a means of closure separates the “Chill It” bags from those normally classified as insulated food and beverage bags. Consequently, the “Chill It 1C” and “Chill It 6” bottle bags are not classifiable in subheading 4202.92.1000.
The applicable subheading for the bottle bags will be 4202.92.9060, HTSUS, which provides for other containers and cases, with outer surface of plastic sheeting material. The duty rate will be 17.6% 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/.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division