CLA-2-42:OT:RR:NC:N4:441

Daniel Meylor
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026

RE: The tariff classification of insulated cooler bags from China

Dear Mr. Meylor:

In your letter dated April 30, 2019, you requested a tariff classification ruling on behalf of your client, California Innovations, Inc. You have submitted samples which will be returned to you under separate cover.

The four samples are insulated cooler bags. They are designed to provide storage, protection, portability and organization to food and beverages during travel. They are also designed to maintain the temperature of food and beverages. Each bag features a top zippered closure and a carrying handle. The rear exterior of each bag has two adjustable straps, which enable the users to wear them over their shoulders and on their back.

Item numbers 5-52240-00-00, 2003IL918763, and 99-50243-00-08 are constructed with an outer surface predominately of plastic sheeting. Item number 50-50073-00-09 is constructed with an outer surface predominately of man-made textile materials.

Item number 5-52240-00-00 features a front pocket that can be secured with a hook-and-loop fastener strip. It also features a collapsible compartment on the top with a drawstring closure. It measures approximately 14 inches (H) by 10.50 inches (W) by 8 inches (D).

The remaining items each have a front exterior with a bungee-type cord with open side pockets. Each measures approximately 16.5 inches (H) by 10.50 inches (W) by 7.5 inches (D).

The applicable subheading for items 5-52240-00-00, 2003IL918763, and 99-50243-00-08 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 general duty rate will be 3.4 percent ad valorem.

The applicable subheading for style 50-50073-00-09 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 will be 7 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 4202.92.1000 and 4202.92.0807, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4202.92.1000 and 4202.92.0807, HTSUS, listed above.

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 the 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 ruling, contact National Import Specialist Vikki Lazaro at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division