Aug. 3 CBP Bulletin Proposes to Revoke Ruling on Insulated Lunch Bags
In the Aug. 3 Customs Bulletin (Vol. 56, No. 30), CBP published a proposal to revoke a ruling on insulated lunch bags.
Comments on Proposals Due Sept. 2
CBP said consideration will be given to any written comments received by Sept. 2 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Insulated Lunch Bags
| Items: Insulated lunch bags with an outer surface of thermoplastic olefin (“TPO”) plastic sheeting and manmade textile |
| Current: 4202.92.0807, 7%, "Insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers." |
| Proposed: 4202.92.10, 3.4%, “Trunks, suitcases... traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Insulated food or beverage bags: Other.” |
| Reason: CBP has consistently determined that the material comprising the bulk of the exterior surface area of a bag imparts the essential character. The ratio of textile to plastic is similar to that in NY N047035, which was revoked in HQ H088427. Neither material can be said to impart the essential character of the item. Classification will thus be determined by which heading or subheading occurs last in numerical order among those which equally merit consideration. |
| Proposed for revocation: N251467, dated April 4, 2014 |
| Proposed new ruling: HQ H264201 |