The tariff classification of a shopping-style tote bag and an insulated cooler bag from China

N064497 July 10, 2009 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.0807; 4202.92.3031 Jim Ghedi Ghedi International, Inc. 8002 Burleson Road Austin, TX 78744 RE: The tariff classification of a shopping-style tote bag and an insulated cooler bag from China Dear Mr. Ghedi: In your letter dated June 8, 2009, you requested a tariff classification ruling on behalf of your client, Norwood Promotional Products, LLC. Your samples will be returned as requested. Style 45760 is an insulated cooler bag constructed with an outer surface of 100% non-woven polypropylene textile material. The cooler bag provides storage, protection, portability, and organization to food and beverages during travel. The bag is also designed to maintain the temperature of food and beverages. It has one interior compartment and a layer of foam plastics between the outer surface and the interior lining. The bag has a top zipper closure along three sides and a webbed shoulder strap. The front exterior of the bag has an open pocket. The bag measures approximately 7.5” (W) x 5” (H) x 6” (D). Style 15110 is a shopping-style tote bag constructed with an outer surface of 100% non-woven polypropylene textile material. It is designed to provide storage, protection, portability, and organization to its contents. It has an unlined storage compartment with no additional features. The bag has an open top and double webbed carrying handles. The bag is of a durable construction and suitable for prolonged use. It measures approximately 13” (W) x 15” (H). You state that you believe that the non-woven polypropylene fabric from which the two samples are constructed is a plastic. You have suggested classification of both articles as such. However, the polypropylene fibers that make up the non-woven fabric are considered to be man-made textile material for tariff purposes. Note 1 to Chapter 54, Harmonized Tariff Schedule of the United States (HTSUS), noted. The two articles will be classified accordingly. The applicable subheading for style 45760 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 duty rate will be 7 percent ad valorem. The applicable subheading for style 15110 will be 4202.92.3031, 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 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 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