HQ 083362: Classification of "Duet Pac" picnic cooler

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083362

                                    July 21, 1989



          CLA-2:CO:R:C:G  083362  SR

          CATEGORY:  Classification

          TARIFF NO.:  3923.10.0000

          Mr. John R. Ramirez
          James G. Wiley Co.
          P.O. Box 90008
          Los Angeles, Ca. 90009

          RE: Classification of "Duet Pac" picnic cooler

          Dear Mr. Ramirez:

               This is in reference to your letter dated October 27, 1988,
          requesting the classification of the "Duet Pac" picnic cooler
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  A sample was submitted.

          FACTS:

               The merchandise at issue consists of a moulded plastic
          insulated picnic cooler which contains special compartments and
          containers to preserve and carry food.  The cooler measures
          approximately 11 inches by 10 1/2 inches by 7 inches and is
          carried by means of a woven textile shoulder strap.  The cooler
          contains one central compartment for the preserving and storing
          of food and beverages.  The lid contains a specially designed
          compartment that contains two plates, two cups, two containers, a
          small plastic cutting board, and a corkscrew.  There is a special
          compartment built into the front of the cooler which contains an
          opener, a knife, two spoons and two forks.

          ISSUE:

               What is the classification of the "Duet Pac" picnic cooler?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is in accordance
          with the General Rules of Interpretation (GRI), taken in order.

















                                         -2-

          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.  The Explanatory
          Notes provide the official interpretation of the tariff at the
          international level.  The Explanatory Notes to GRI 3(b) define
          goods put up in sets for retail sale to mean goods which consist
          of at least two different articles which are prima facie,
          classifiable in different headings, consist of products or
          articles put up together to meet a particular need or carry out a
          specific activity, and are put up in a manner suitable for sale
          directly to users without repacking.  The picnic cooler with
          containers and utensils meets this definition of a set.  Each of
          the separate items that are included with the cooler are prima
          facie classifiable in different headings.  They all are intended
          for use on a picnic and they come packaged together.

               The essential character of the item is imparted by the
          cooler.  It is the bulk of the article and plays the main role.
          It serves to hold all the other components of the set and
          insulates any food stored in the containers.  The cooler is
          classifiable under heading 3923, HTSUSA, which provides for
          articles for the conveyance or packing of goods, of plastics.
          The cooler is used to store food and to convey it to a picnic.

               HRL 083856 dated May 18, 1989, dealt with plastic Thermos-
          type beverage holders.  These beverages holders were classified
          under heading 3923, HTSUSA, as articles for the conveyance or
          packing of goods, of plastics.  These beverage holders, like the
          coolers at issue, are purchased empty and filled by the consumer
          and are used to transport liquid beverages.  HRL 084064 dated
          June 13, 1989, dealt with plastic food boxes that are designed to
          store and transfer fish.  These food boxes were classified under
          heading 3923, HTSUSA, as articles for the conveyance or packing
          of goods, of plastics.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          3923.10.0000, HTSUSA, which provides for articles for the
          conveyance or packing of goods, of plastics, boxes, cases,
          crates, and similar articles.  The rate of duty is 3 percent ad
          valorem under the General duty rate column.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division













          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference