Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of an insulated cooler bag from China
Dear Ms. Aldinger:
In your letter dated March 11, 2008 you requested a classification ruling. The sample which you submitted is being returned as requested.
Style 9000838 is a soft-sided insulated cooler bag constructed with a front and top panel of polyester textile material. The sides, back and bottom of the bag are constructed of polyvinyl chloride plastic (PVC) sheeting material. The essential character is imparted by the front panel of the cooler bag. 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 interior compartment has a mesh pocket and is lined with PVC sheeting material. There is a layer of foam plastics between the outer surface and the PVC lining. It has a top zipper closure and an adjustable shoulder strap. The back exterior has an open pocket. The bag measures about 8” (W) x 5.5” (H) x 4.5” (D).
The applicable subheading for the insulated cooler bag will be 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 7% 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/.
HTSUS 4202.92.0807 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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.
Robert B. Swierupski