The tariff classification of cooler bag and blanket from Hong Kong or China.

NY H80679 May 16, 2001 CLA-2-39:RR:NC:N3:351 H80679 CATEGORY: Classification TARIFF NO.: 3924.10.5000, 6307.90.9989 Ms. Jeanne Berg All Freight International, Inc. 1310 S.W. 156 Street #200 Seattle, WA 98166 RE: The tariff classification of cooler bag and blanket from Hong Kong or China. Dear Ms. Berg: In your letter dated April 24, 2001, you requested a ruling on behalf of Pacific Markets, International, Inc., on tariff classification. The sample will be returned as you requested in your letter; please note that the bag was damaged during our examination. You submitted a sample of a “picnic organizer,” a bag and blanket which you state will be sold as a set. Explanatory Note 3(b)(x), Harmonized Tariff Schedule of the United States (HTS), provides that “[f]or the purpose of this Rule, the term ‘goods put up in sets for retail sale’ shall be taken to mean goods which (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. These items fulfill the requirements of (a) and (c) above, but we believe that they fail (b). While the two items in question can certainly be used together, the needs and activities are entirely independent of each other. Therefore, each item will be separately classified. The bag has an outer layer of cellular plastic backed with textile; this meets the definition in Chapter 39, HTS, of plastic. It has two large zippered compartments, each approximately 13” tall x 11” across. One of these pockets is lined on the inside with plastic sheeting; it is also insulated with two layers of 3mm foam. There is a round zippered compartment, also insulated; it is 13” tall and 5” in diameter. It is presumably intended to carry and store a bottle. When opened flat, the bag is approximately 29” across x 13” tall. The round insulated compartment is situated between the other two compartments. When folded, there is a handle opposite the round compartment, as well as a shoulder strap. There are a number of pockets located at various locations on the main compartments; three close with flaps, one has a zipper, and two have hook-and-loop fastener strips. Behind the uninsulated compartment is a mesh pocket in which is stored a blanket, approximately 68” x 57”. One side of the blanket is the same cellular plastic as the bag; the other side is terrycloth. The applicable subheading for the cooler bag will be 3924.10.5000, HTS, which provides for other household articles of plastics: tableware and kitchenware: other. The general rate of duty will be 3.4 percent ad valorem. The applicable subheading for the blanket will be 6307.90.9989, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem. 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division