CLA-2-63:OT:RR:NC:N3:351
Ms. Jane Taeger
Samuel Shapiro & Company, Incorporated
One Charles Center
100 North Charles Street, Suite 1200
Baltimore, MD 21201
RE: The tariff classification of insulated food carrier bags from China
Dear Ms. Taeger:
In your letter, dated December 12, 2014, you requested a tariff classification ruling on behalf of your client, Clark Associates, Incorporated of Lancaster, Pennsylvania.
You have submitted a sample of an insulated carrier bag used to carry prepared foods. The sample, item 124FCARRIER, is used to transport four full size steam table pans. The carrier bag is made up with an outer surface of nylon woven textile fabric, an inner layer of polyurethane foam insulation and an interior surface of polyester fabric. The carrier bag features a flap top opening, a zipper closure, a clear plastic pocket to hold papers such as labels or tickets and two nylon handles for ease of transport. The insulated carrier bag measures 22”L x 13”W x 13”H. You state in your letter that item 124FOODBAG:VINYL is identical to item 124FCARRIER except the outer surface is made of vinyl. A sample of item 124FOODBAG:VINYL was not submitted.
Item 124DELIBAG is used to carry prepared deli trays. The carrier bag has a flap top opening with a hook-and-loop closure. The carrier bag is constructed with an outer surface of nylon woven textile fabric, an inner layer of polyurethane foam insulation and an interior surface of polyester fabric. The carrier bag has a clear plastic pocket sewn to the top flap for the user to insert papers such as labels or tickets and one nylon strap for ease of transport. The insulated carrier bag measures 18”L x 18”W x 5”H. A sample of this item was not submitted.
Item numbers 124PIBAG2 and 124PIBAG5 are pizza carrier bags. The two carrier bags have flap top openings and hook-and-loop closures. Both carrier bags are constructed with an outer surface of either nylon woven textile fabric or vinyl, an inner layer of polyurethane foam insulation and an interior surface of polyester fabric. Both carriers have a clear plastic pocket sewn to the top flap for the user to insert papers such as labels or tickets, side metal grommets to vent out excess moisture and a nylon carrying strap. Item 124PIBAG2 holds two pizzas and measures 18”L x 18”W x 5”H. Item 124PIBAG5 holds five pizzas and measures 20”L x 20”W x 12”H. Samples of these items were not submitted.
The applicable subheading for the insulated food carrier bags, item numbers 124FCARRIER, 124DELIBAG, 124PIBAG2, and 124PIBAG5 with an outer surface of nylon woven fabric, will be 6307.90.9889, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
The submitted sample, item 124FCARRIER, will be returned.
Your inquiry does not provide sufficient information for us to give a classification ruling on the carrier bags, items 124FOODBAG:VINYL, 124PIBAG2 and 124PIBAG5, with an outer surface of vinyl. Your request for a classification ruling should include a sample. When a sample is available, you may wish to consider resubmission of your request.
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 Kim Wachtel [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division