CLA-2:CO:R:C:G 084352 SR
Ms. Anna J. Hettinger
Expeditors International
5180 A Smith Road
Denver, CO. 80216
RE: Classification of canopy bags
Dear Ms. Hettinger:
This is in reference to your letter dated February 1, 1989,
requesting tariff classification of canopy bags under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). The item is produced in Taiwan. No sample was
submitted.
FACTS:
The merchandise at issue is a canopy unit with a duffle bag
and a carry bag. The canopy consists of steel frame poles and
spikes, and nylon tops, panels, screens, carry and duffle bags.
The top is sold in a carry bag that protects it from becoming
dirty or torn. The unit is sold in a carry bag which is used to
carry all the pieces. The importer states that the merchandise
is normally imported and sold as a unit. Some of the units
contain side panels and screens and some are sold without.
ISSUE:
Whether the carry bag and duffel bag are classified
separately or as the usual container for the canopy unit.
-2-
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order. GRI 5(a)
provides that camera cases, musical instrument cases, . . . and
similar containers, specially shaped or fitted to contain a
specific article or set of articles, suitable for long-term use
and entered with the articles for which they are intended, shall
be classified with such articles when of a kind normally sold
therewith.
The importer states that the nylon top is imported and sold
in a duffle bag that is intended to protect it from becoming
dirty or torn. The Explanatory Notes constitute the official
interpretation of the tariff at the international level. The
Explanatory Notes to GRI 5(a) provide that the rule covers
containers which: (1) are specially shaped or fitted to contain a
specific article or set of articles, i.e., they are designed
specifically to accommodate the article for which they are
intended, (2) are suitable for long-term use, i.e., designed to
have a durability comparable to that of the articles for which
they are intended, (3) are presented with the articles for which
they are intended, whether or not the articles are packed
separately for convenience of transport, (4) are of a kind
normally sold with such articles, and (5) do not give the whole
its essential character.
According to the importer, the bag is designed to store the
top to provide protection. It is made of the same material as
the top with comparable durability. The top is imported and sold
in the bag, and the bag cannot be said to affect the essential
character of the whole, which is clearly imparted by the top.
The carry bag is intended to hold the entire canopy unit.
The bag is designed to hold the canopy unit. It is made of the
same material as most of the other pieces with comparable
durability. It is imported and sold with the unit and does not
affect the essential character of the whole. Both the duffle bag
and the carry bag are classified with the canopy unit.
GRI 3(b) provides for goods put up in sets for retail sale.
The Explanatory Notes to GRI 3(b) states that goods put up in
sets for retail sale include goods that 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.
-3-
The canopy sets that are sold together as a unit meet this
definition of a set and will be classified according to the
component that imparts the essential character. We do not have
enough information on the canopy to determine the essential
character. Pieces, such as sides or screens, that are imported
and sold separately will be classified separately.
HOLDING:
The duffle and carry bags at issue are classifiable with the
canopy unit. In order to obtain a classification for the canopy
unit or separate pieces a ruling request with a sample and/or
complete literature must be supplied.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD.N.Y.
1cc: Durant
1cc: Legal Ref.