CLA-2 CO:R:C:G 088075 CRS

Mr. John R. Ramirez
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA 90009

RE: Insulated plastic lunch box/cooler designed to be carried with the person is a separate and distinct class of merchandise from articles for the conveyance and packing of goods of heading 3923. See HRL 087635. HRL 083362 revoked.

Dear Mr. Ramirez:

This is further to Headquarters Ruling Letter (HRL) 083362 dated July 21, 1989, concerning the classification of a "Duet Pac" picnic cooler under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The classification of this article was recently reconsidered in HRL 087635, a copy of which is enclosed.


The merchandise at issue consists of a moulded plastic insulated picnic cooler which contains special compartments and containers to preserve and carry food. The cooler measures approximately 11 inches by 10 inches by 7 inches and is carried by means of a woven textile shoulder strap. The cooler contains one central compartment for the preserving and storing of food and beverages. The lid contains a specially designed compartment that contains two plates, two cups, two containers, a small plastic cutting board, and a corkscrew. There is a special compartment built into the front of the cooler which contains an opener, a knife, two spoons and two forks.


Whether the "Duet Pac" picnic cooler is similar to trunks and suitcases such that it is classifiable in heading 4202, HTSUSA, or whether it is classifiable as a plastic container for the conveyance or packing of goods.


In HRL 087635 an insulated moulded plastic lunch box/cooler measuring approximately 10 inches long by 7 inches wide by 8 inches deep, and designed to transport and store small quantities of food and drink for short periods of time was classified in heading 4202, HTSUSA. The "Duet Pac" cooler is similar to the lunch box/cooler of HRL 087635 and is therefore also classifiable in heading 4202.


The "Duet Pac" picnic cooler is classifiable in subheading 4202.12.2090, HTSUSA, under the provision for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of plastics or of textile materials, with outer surface of plastics, other, and is dutiable at the rate of 20 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Pursuant to section 177.9, Customs Regulations (19 CFR 177.9), HRL 083362 dated July 21, 1989, is revoked. A ruling letter that revokes an earlier ruling letter is generally effective on the date that it is issued. However, the effective date of such a ruling may be delayed for a period of up to ninety days from the date of issuance, on the condition that the party to whom the ruling was issued can demonstrate that they relied on the earlier ruling to their detriment in accordance with the provisions of 19 CFR 177.9.


John Durant, Director
Commercial Rulings Division