CBP Finds 'Good Lunch Box' Classifiable as Lunch Box

Despite marketing that touts home food storage functions, the "Good Lunch Box" is best classified under the subheading that covers lunch boxes, CBP said in response to a further review of protest application (here). The Nov. 10 ruling, HQ H266606, addressed arguments from the importer, ORE Originals, which said the lunch boxes would be better classified in subheading 3924.10.40 as “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Tableware and kitchenware: Other.” CBP disagreed and said classification of the imported goods as lunch boxes follows past CBP rulings and court decisions.

The Good Lunch Box is a molded plastic rectangular box with a three-way divider and a lid with clasps that hold the lid to the box, said CBP. Classification questions arose after ORE imported the boxes through the Port of Los Angeles/Long Beach, which subsequently classified the boxes as lunch boxes under subheading 4202.12.2025. The company filed a protest and asked for further review from headquarters as to "if a molded plastic container that has an interior three-way divider is considered a plastic food storage container or a lunch box," said CBP.

The importer argued that CBP didn't consider the company's marketing for the box, which described it as "perfect for storing food at home, keeping it fresh and helping to avoid spills.” While perhaps true, his doesn't contradict the fact that the item is named the "Good Lunch Box," said CBP. Other marketing materials also point to the box's portability features that point to use as a lunch box, said CBP.

There's a number of important distinctions between food storage containers and lunch boxes, said CBP. The "Good Lunch Box shares traits with the enumerated containers found in subheading 4202.12.20, HTSUS, because of the size and shape of the container, and especially because of the three-way divider inside it," said CBP. "That the Good Lunch Box does not have a handle does not mean it is not designed to store and carry food inside it."