The tariff classification of a travel bag and an identification case from China

N228266 August 21, 2012 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.92.3031, 4202.32.9550 Jennifer Henderson Oobe, Inc. 420 East Park Avenue, Suite 303 Greenville, SC 29601 RE: The tariff classification of a travel bag and an identification case from China Dear Ms. Henderson: In your letter dated July 20, 2012, you requested a tariff classification ruling. Your samples will be returned to you. Style numbers were not provided for either sample. The sample you refer to as the “Thermal Food Bag” is a travel bag constructed of 100% polyester textile material. It is designed to provide storage, organization, protection and portability to various items during travel. The interior is lined with foil and has a removable divider with hook-and-loop strips on each end. The bag has a zipper closure along three sides and two carrying handles. It measures approximately 14” (L) x 10” (W) x 4.5” (D). There is a thin layer of textile material between the outer material and the foil lining. While this layer may add some very minimal additional cushioning to the contents of the bag, it will not maintain the temperature of food and beverages. The identification case is constructed with an outer surface of polyester textile material. It is designed to display identification or a tradeshow badge and to provide storage, protection, portability and organization to related small personal effects such as a pen, business cards, or money. The case features a clear plastic pocket on both the front and back. It has a permanently attached braided cord, which allows the user wear the case around their neck. It also has a pen loop and an interior pocket that secures with a hook-and-loop fastener. The case measures approximately 5.75” (W) x 7” (L). You suggest classification for the bag under subheading 4202.92.0400, Harmonized Tariff Schedule of the United States (HTSUS) which provides for insulated food or beverage bags, with outer surface of textile materials, beverage bags whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached flexible tubing. Your sample does not possess the features described in this subheading and cannot be classified as such. Moreover, the bag does not maintain the temperature of food and beverages and is not considered to be an insulated food or beverage bag. You suggest classifying the identification case under subheading 6307.90.9889, HTSUS, which provides for other made up textile articles, other. Classification of goods within Heading 6307, HTSUS, is subject to Section XI, Legal Note 1(l) which excludes articles of Heading 4202 from any of the Headings of Section XI. As such, if an imported good is of a kind classifiable in Heading 4202, it cannot be classified within Heading 6307, HTSUS. The identification case is akin to the article of Heading 4202 and will be classified therein. The applicable subheading for the travel bag will be 4202.92.3031, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem. The applicable subheading for the identification badge holder will be 4202.32.9550, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. 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, Thomas J. Russo Director National Commodity Specialist Division