CLA-2 CO:R:C:G 083800 CMR
Mr. Robert Lach
New Creative Enterprises, Inc.
5481 Creek Road
Cincinnati, Ohio 45242
RE: Reconsideration of NYRL 836464 of February 13, 1989
Dear Mr. Lach:
This ruling is in response to your letter of February 22, 1989,
requesting reconsideration of NYRL 836464.
FACTS:
In NYRL 836464, your product, "le pouch," was classified under
the provision for travel, sport and similar bags, with outer surface
of textile materials, in subheading 4202.92.3030, textile category
670-L, dutiable at 20 percent ad valorem.
The "le pouch" is commonly known as a "waist bag" or "fanny
bag." It is made of 100 percent nylon material. The woven bag or
pouch is sewn to a nylon woven adjustable belt. The "le pouch" has
two zippered compartments in the front and one in the back. It is
primarily worn around the waist, although you state it can also be
worn hanging from the shoulder. The "le pouch" will be manufactured
in the People's Republic of China.
ISSUE:
Was the "le pouch" properly classified in NYRL 836464 under the
provision for travel, sports and similar bags, with outer surface of
textile materials, other, other, of man-made fibers, other, in
subheading 4202.92.3030, HTSUSA?
LAW AND ANALYSIS:
The "le pouch" is a utility bag designed to be worn around the
waist while the wearer is engaged in a sporting activity, such as
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jogging or bicycling. This does not, of course, preclude its use for
other purposes such as carrying small items while sightseeing.
Although you claim the le pouch is too small to carry much more than
money, keys, and pocket items, we believe it is large enough to carry
other items such as small cameras or even a small radio.
In your request for reconsideration, you claim the "le pouch" is
"used like a purse, money belt or wallet." While it is true that it
may be used to carry money as are the aforementioned articles, it is
distinguishable from them.
Heading 4202, HTSUSA, provides for various types of bags or
containers. These bags and containers are broken up into four types:
(1) Trunks, suitcases, vanity cases, attache cases, briefcases,
school satchels and similar containers
(2) Handbags, whether or not with shoulder strap, including
those without handle
(3) Articles of a kind normally carried in the pocket or in the
handbag
(4) Other
Clearly, the "le pouch" is not similar to a trunk, suitcase, or
any of the other named items of that type. It is unlike a purse in
that it is designed to be principally worn about the waist like a
belt. Purses are generally carried in the hand or on the shoulder.
Although you claim the "le pouch" may be worn on the shoulder like a
purse, we believe it is not principally designed to be worn that way
nor do you show it being worn that way on your display. It is not
the type of article normally carried in the pocket or in a handbag.
Consequently, having eliminated the first three divisions of the
heading, we are left with "Other".
Under the "Other" provision, the "le pouch" is classifiable
under subheading 4202.92, HTSUSA, which provides for articles "with
outer surface of plastic sheeting or of textile materials." This
subheading is further divided into provisions for travel, sports and
similar bags, musical instrument cases, and other. Of these choices,
we believe the "le pouch" is most properly classified under the
provision for travel, sports and similar bags.
In United States v. Standard Surplus Sales, Inc., 69 CCPA 34,
667 F. 2d 1011 (1981), the Court addressed the issue of whether
various bags were classifiable as sports equipment or as luggage.
The Court decided that the bags had been properly classified by
Customs as luggage. Among the bags under consideration in the case
was one referred to as "fanny bag" and described as "an oblong
zippered bag sewn into an adjustable waist belt and worn on the
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user's lower backside." Id. at 36. In its opinion, the Court stated
that this bag was specifically designed for backpacking and possessed
characteristics common to knapsacks. Id. at 40, 41.
The "le pouch" appears to closely resemble the description of
the fanny bag of Standard Surplus Sales. While the "le pouch" may
not be designed specifically for backpacking, we believe it is
similar to the fanny bag and is, therefore, properly considered
similar to sport bags.
HOLDING:
The "le pouch" was properly classified in NYRL 836464 under the
provision for travel, sport and similar bags, with outer surface of
textile materials, other, other, of man-made fibers, other, in
subheading 4202.92.3030, HTSUSA, textile category 670-L, dutiable at
20 percent ad valorem.
Due to the changeable nature of the statistical annotation (the
ninth and tenth digits of the classification) and the restraint
(quota/visa) categories, you should contact your local Customs office
prior to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins