CLA-2-42:OT:RR:NC:N4:441
Mr. Chen Liu
Allstar Marketing Group LLC
2 Skyline Drive
Hawthorne, NY 10532
RE: The tariff classification of an insulated cooler bag and gel back from China
Dear Mr. Liu:
In your letter dated December 21, 2016, you requested a tariff classification ruling. You have submitted two samples, which will be returned to you under separate cover.
You refer to the first sample as the “ice pack bag.” It is an insulated cooler bag constructed with an outer surface of man-made textile material. The cooler 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 cooler 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 cooler bag has a top zipper closure and one strap. There is also a gel pack permanently incorporated into the body of the cooler bag. The bag and gel pack are considered a composite good for tariff purposes. The essential character is imparted by the bag, General Rule of Interpretation 3(b) noted.
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 percent ad valorem.
You refer to the second sample as the Cryo-Gel Ice Pack. The product’s website, www.migrainehat.com, explains the contoured Cryo-Gel Ice Pack as “…both removable and reusable and made to remain flexible for maximum comfort. Uniquely designed compression chambers deliver targeted pressure where you need it most.” The gelpack contains 33 separate, blue colored and fluid-filled chambers that contain the following: 99.5% water (CAS #7732-18-5), 0.285-0.29% hexamethylene biguanide hydrochloride (CAS #32289-58-0), 0.20% C.I. Acid Blue 9, disodium salt (CAS #3844-45-9), and 0.009-0.01% beta-cyclodextrin (CAS #7585-39-9).
The applicable subheading for the Cryo-Gel Ice Pack will be 3824.90.9295, HTSUS, which provides for Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.
We do not have enough information to provide a classification on the hat. On June 21, 2016, you were sent a rejection to a ruling request. The rejection letter requested, among other things, samples of the Migraine Hat™, Migraine Head Cooler Bag and Cryo-Gel Ice Pack. On December 21, 2016, you resubmitted your request and provided samples of the Migraine Head Cooler Bag and Cryo-Gel Ice Pack; however, the Migraine Hat™ was not provided. As a result, this ruling will be issued for the Migraine Head Cooler Bag and Cryo-Gel Ice Pack, only. Should you still desire a ruling on the Migraine Hat™ or the string bag, please provide a sample of the item in its imported condition, including any packaging, and all information previously provided with respect to the articles.
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 https://hts.usitc.gov/current.
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 insulated cooler bag or string bag, contact National Import Specialist Vikki Lazaro at [email protected]. If you have any questions regarding the gel pack, contact National Import Specialist Patrick Day at [email protected]. If you have any questions regarding the hat, contact National Import Specialist Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division