Barbara M. Epstein , Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, of New York, New York, argued for defendant-appellee. Also with her on the brief was Joseph I. Liebman , Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief was Karen P. Binder , Assistant Chief Counsel, International Trade Field Office, of New York, New York. RICH, Circuit Judge. The coolers' insulative properties are similar to both hard and soft-sided coolers, and the coolers' insulative material consists of a polyethylene closed cell foam approximately one half inch thick between an outer and inner vinyl shell surrounding the storage compartment of the cooler.
Plastic is the component material of chief value.
Such a use is a storage function. The Court of International Trade found that Heading 4202 is expressly broader than the TSUS luggage provisions under which Sports Graphics was decided. Thus, for application of ejusdem generis to Heading 4202, it is the exemplar containers' purpose or use for storage, transportation, protection, etc. The Court of International Trade found, based on this reasoning, that the coolers were properly classified under Heading 4202. Determining the proper meaning of terms is a question of law that we review de novo, while determining whether the item fits within such meaning is a question of fact that we review for clear error.