CLA-2-42:OT:RR:NC:N4:441
Kelley Dunn
INDesigns Global, Inc.
A Division of Staples, Inc.
7500 West 110th Street
Overland Park, KS 66210
RE: The tariff classification of an insulated cooler backpack from China
Dear Ms. Dunn:
In your letter dated November 25, 2009, you requested a tariff classification ruling. Your sample will be returned to you.
Style CA0391 is an insulated cooler backpack constructed of man-made textile material. It provides storage, protection, organization, and portability for food and personal effects during travel. It has a main storage compartment with a removable divider and a layer of foam plastics between the outer surface and the interior lining. The bag has a flap which unzips to reveal a secondary compartment that includes mesh pockets, a battery charging cradle, cables, an amplifier and a solar panel. The backpack has two padded shoulder straps on the rear exterior that enables the user to wear it on his/her back. At the top of the bag, there is a webbed carrying handle. Both ends of the bag have open mesh pockets. The backpack measures approximately 10” (W) x 15” (H) x 7” (D).
In your ruling request, you suggested classification of the backpack under 4202.92.0807, Harmonized Tariff Schedule of the United States (HTSUS), which provides for insulted food or beverage bags. Backpacks are designated eo nomine in heading 4202, HTSUS. Eo nomine designations include all forms of the article at issue. Additional U.S. Note 1 to Chapter 42 specifically provides that the "travel, sports and similar bags" of heading 4202, HTSUS, refers to goods of a kind designed for carrying clothing and other personal effects during travel, including backpacks. The fact that the backpack has insulation or padding does not change the identity of this item as a backpack. The backpack is specifically provided for under 4202.92.3020, HTSUS.
The applicable subheading for style CA0391 will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The duty rate will be 17.6% 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/.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division