The tariff classification of a travel bag with picnic accessories from Hong Kong

N097302 April 9, 2010 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.1500 Bailey Branson Phoenix International Freight Services 4659 World Parkway Circle St. Louis, MO 63134 RE: The tariff classification of a travel bag with picnic accessories from Hong Kong Dear Ms. Branson: In your letter dated February 11, 2010, you requested a tariff classification ruling on behalf of your client Docs Imports. Your sample will be returned to you. Style 2837-02 is referred to as the “Weekend Wine Picnic bag.” The item is comprised of a travel bag that is constructed with an outer surface of cotton textile material. The following picnic accessories are contained inside the bag: a textile bottle bag, an insulated bottle cover, a stainless steel corkscrew, a stainless steel cheese knife, a wood cutting board, 2 bottle corks, 4 acrylic wine glasses, 4 polyester napkins, 4 plastic plates, and 4 sets of stainless steel flatware (each set consisting of a knife, fork and spoon). For classification purposes, the tote bag and picnic accessories will be classified as a set. Under Explanatory Note X to General Rule of Interpretation (GRI) 3(b), a "set" for tariff classification purposes: (a) consists of at least two different articles which are prima facie, classifiable in different headings; (b) consists of products or articles put up together to meet a particular need or carry out a specific activity; (c) are put up in a manner suitable for sale directly to users without repacking. The travel bag and picnic accessories meet the qualifications of "goods put up in sets for retail sale." The set consist of at least two different articles which are prima facie classifiable in different subheadings. They are put up together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. GRI 3(b) provides that goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. In this case, it is the travel bag which imparts the essential character. It is the travel bag that has the most value and bulk weight. It is also used to store and transport the other components of the set. The travel bag has two zippered sections that we will refer to as “A” and “B.” Section A is fitted with loops and pockets to hold the various picnic accessories. Section B provides storage, protection, organization, and portability to food and personal effects during travel. It is also insulated and designed to maintain the temperature of food and beverages. Section B has a layer of foam plastics between the outer surface and the interior lining. The bag has a flap that covers both zippered sections. The top of the bag has a reinforced carrying handle. The front exterior of the bag has a zippered compartment. The travel bag measures approximately 17” (W) x 12” (H) x 8.5” (D). Your inquiry does not provide enough information for us to give a classification ruling on style 3579-07. Your request for a classification ruling should indicate the type of metal with which the key chain is constructed. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. The applicable subheading for style 2837-02 will be 4202.92.1500, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 6.3 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