CLA-2:CO:R:C:G 085259 SR
Ms. Carol A. Garrity
Garrett-Hewitt International, Inc.
901 No. Broadway
Suite 16
No. White Plains, New York 10603
RE: Perfume pouch
Dear Ms. Garrity:
This is in reference to your letter dated June 21, 1989,
requesting the classification of a perfume pouch under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample produced in Taiwan or Hong Kong was
submitted.
FACTS:
The merchandise at issue is a drawstring pouch manufactured
of a textile base material with an outer surface of a flocking.
The importer indicates that the flocking is to be of cotton,
however, the sample submitted has a flocking that is primarily
of man-made textile materials. The importer states that their
customer will place a perfume bottle into the pouch for retail
sale.
The inquirer requested information on country of origin
marking. This information is provided for in Customs Regulations
(19 CFR 134.41). The regulations require that the marking of the
country of origin be legible, indelible, and permanent. As a
general rule, marking requirements are best met by marking that
is worked into the article at the time of manufacture. The
degree of permanence should be at least sufficient to insure that
in any reasonably foreseeable circumstance, the marking shall
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remain on the article until it reaches the ultimate purchaser.
The best way to mark the pouch at issue would be with a label
sewn on the inside near the opening.
ISSUE:
Whether the pouch at issue is classifiable as a container?
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 the following:
Camera cases, musical instrument cases, gun cases, drawing
instrument cases, necklace 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. This rule does not, however, apply to containers
which give the whole its essential character.
The merchandise at issue does not meet these qualifications.
The pouch is not entered with the perfume bottle that it is
intended to carry. It is not fitted to contain a specific
article. Similar pouches are used to carry jewelry.
Heading 4202, HTSUSA, provides for trunks, suitcases, vanity
cases; toiletry bags, jewelry boxes, and similar containers of
textile materials, or wholly or mainly covered with such
materials. The pouch at issue is similar to the items listed.
The pouch is a flat good that is intended to be carried in the
pocket or handbag.
HOLDING:
The merchandise at issue is classifiable under subheading
4202.32.9530, HTSUSA, which provides for trunks, suitcases;
vanity bags, jewelry boxes, and similar containers of textile,
articles of a kind normally carried in the pocket or handbag,
with outer surface of textile materials, other, other, of cotton.
The textile category number is 369, the rate of duty is 20
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percent ad valorem. If the pouches are of man-made materials
then they are classifiable under subheading 4202.32.9550, HTSUSA,
which provides for trunks; vanity cases, and similar articles, of
textile materials, articles of a kind normally carried in the
pocket or handbag, with outer surface of textile materials,
other, other, of man-made fibers. The textile category number is
670, and the rate of duty is 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
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference