CLA-2-42:OT:RR:NC:N4:441
David Prata
OHL International at CVS Health
Mail Code 1049
1 CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of insulated lunch bags from China
Dear Mr. Prata:
In your letter dated February 16, 2015, you requested a tariff classification ruling. You have submitted three samples, which we are returning to you.
Item 263719 is a soft sided insulated lunch bag constructed with an outer surface of two materials. The front panel is of polyethylene vinyl acetate (PEVA) plastic sheeting. It is has a decorative image of the licensed Star Wars character Darth Vader. The sides and back are constructed of polyester textile material that is solid in color. The essential character is imparted by the decorative front, General Rule of Interpretation (GRI) 3(b) noted
The lunch bag is designed to provide storage, protection, organization, and portability to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. The bag has one interior storage compartment with a plastic lining and a layer of foam plastic between the lining and the body of the bag. The lunch bag has a three-sided zipper closure and one carrying handle at the top. It measures approximately 7.75" (W) x 9.5" (H) x 2.75" (D).
Item 263720 is a soft sided insulated lunch bag constructed with an outer surface of PEVA plastic sheeting. The lunch bag is shaped to resemble licensed Star Wars character R2-D2. The bag also has built-in battery powered lights and sounds that are activated by pressing a button. The lunch bag and battery powered lights and sounds form composite goods for tariff purposes. The essential character is imparted by the lunch bag, GRI 3(b) noted.
The lunch bag is designed to provide storage, protection, organization, and portability to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. The bag has one interior storage compartment with a plastic lining and a layer of foam plastic between the lining and the body of the bag. The lunch bag has a top zipper closure and a carrying handle. It measures approximately 6" in diameter.
Item 281540 is a soft sided insulated lunch bag constructed with an outer surface of two materials. The front panel is of PEVA plastic sheeting. It is has a decorative image of a character from the Disney movie “Frozen”. The sides and back are constructed of polyester textile material that is solid in color. The essential character is imparted by the decorative front, GRI 3(b) noted
The lunch bag is designed to provide storage, protection, organization, and portability to food and beverages during travel. It is also designed to maintain the temperature of food and beverages. The bag has one interior storage compartment with a plastic lining and a layer of foam plastic between the lining and the body of the bag. The lunch bag has a three-sided zipper closure and one carrying handle at the top. It measures approximately 9.25" (W) x 7.5" (H) x 2.75" (D).
The applicable subheading for the insulated lunch bags will be 4202.92.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food and beverage bags, with outer surface of sheeting of plastic or of textile materials, other. The duty rate will be 3.4 percent 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division