CLA-2-42:OT:RR:NC:N4:441
James C. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605
RE: The tariff classification of a shopping-style tote bag and an insulated cooler bag from China
Dear Mr. Alberdi:
In your undated letter, you requested a tariff classification ruling on behalf of your client Hit Promotional Products. Your samples will be returned to you.
Style 3030 is a shopping-style tote bag constructed with an outer surface of non-woven polypropylene (PP) textile material. It is designed to provide storage, protection, portability, and organization to its contents. It has an unlined main compartment with no additional features. The bag has an open top with two carrying handles. The bag is of a durable construction and suitable for prolonged use. It measures approximately 15” (W) x 15.5” (H).
The applicable subheading for style 3030 will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The general rate of duty is 17.6% ad valorem.
With regard to the applicable rate of duty, style 3030 is also provided for in Heading 9902, HTSUS. By virtue of legislative action, subheading 9902.40.01 provides for a temporary reduction in the rate of duty for shopping bags with an outer surface of spun bonded polypropylene fabric or non woven polypropylene fabric (provided for in subheading 4202.92.30). Style 3030 meets the prerequisites of this tariff provision. Accordingly, style 3030 is entitled to beneficial treatment under subheading 9902.40.01, HTSUS. The rate of duty is free.
Style 3037 is an insulated cooler bag constructed with an outer surface of non-woven polypropylene textile material. It is designed to provide storage, protection, organization, and portability to food and beverages during travel. The bag is also designed to maintain the temperature of food and beverages. The bag has a main compartment with foam insulation between the outer surface material and the interior lining. The bag has a zipper closure at the top and two carrying handles. The front exterior of the bag has an open pocket. The bag measures approximately 12.25” (W) x 14” (H) x 9.5” (D).
The applicable subheading for the style 3037 will be 4202.92.0807, HTSUS, which provides for insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers. The general rate of duty is 7% ad valorem.
In your letter, you suggest classifying the insulated cooler bag (style 3037) under subheading 9902.40.01, HTSUS, which provides for a temporary reduction in the rate of duty for shopping bags with an outer surface of spun bonded polypropylene fabric or non woven polypropylene fabric (provided for in subheading 4202.92.30). Style 3037 does not qualify for classification in subheading 4202.92.30, HTSUS, and, therefore, does not meet the prerequisites of subheading 9902.40.01. The general rate of duty will apply.
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