Ms. Susan E. Albatal
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of an insulated lunch bag and a backpack from China.
Dear Ms. Albatal:
In your letter dated June 2, 2006, you requested a classification ruling for two items that were not identified with style numbers. The first item, which is being returned to you, is an insulated lunch bag. The second item, which was destroyed during examination, is a backpack.
The insulated lunch bag is designed to carry food and/or beverage. It is manufactured with an exterior surface of 100% polyester man-made fiber textile material with a front panel of polyvinyl chloride (PVC) plastic sheeting with a “Cars”© themed depiction. The bag measures approximately 10" W x 7¾" H x 4" D. The bag has a carrying handle on top and is secured by means of a zippered closure on three sides of the bag.
The applicable subheading for the insulated lunch 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.
The backpack is manufactured with an exterior surface of polyester man-made fiber textile material with a front panel of polyvinyl chloride (PVC) plastic sheeting with a “Cars”© themed depiction. The backpack measures approximately 12" W x 15" H x 3" D. The top and sides of the bag are secured with a zipper.
The applicable subheading for the backpack will be 4202.92.3020, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6% ad valorem.
HTSUS 4202.92.0807 and 4202.92.3020 fall within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.
You asked about the country of origin marking requirements for these bags. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:
Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).
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 341 at 646-733-3102.
Robert B. Swierupski