CLA-2 CO:R:C:G 086083 CRS
Louis S. Shoichet, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004
RE: Jewelry Pouch
Dear Mr. Shoichet:
This is in reply to your letter dated November 20, 1989, to
our New York office, on behalf of your client, Avon Products,
Inc., in which you requested a ruling under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) concerning the
tariff classification of the above-referenced merchandise.
FACTS:
A sample was not provided; however, an excerpt from a sales
brochure describing the article was submitted. The article in
question is a nylon satin pouch with drawstring closure and is
designed to carry or store women's jewelry. The pouch has eight
small interior pockets or compartments to hold earrings or pins,
and a large central pocket for larger items of jewelry. The
advertisement for the product describes it as being "perfect to
tuck away in [a] suitcase or tote, but so pretty you'll want to
display it on [a] dresser top or vanity." The pouch is not
designed to contain a specific jewel or set of jewelry.
ISSUE:
Whether the pouch in question is a container classifiable in
heading 4202, HTSUSA.
LAW AND ANALYSIS:
Articles are classified under the HTSUSA in accordance with
the General Rules of Interpretation (GRIs). GRI 1 provides that
the classification of articles be determined according to the
terms of the headings and any relative section or chapter notes
and, provided the headings or notes do not otherwise require,
according to the remaining GRIs taken in order.
Heading 4202, HTSUSA, covers a variety of containers,
including trunks, suitcases, traveling bags, toiletry bags,
knapsacks and backbacks, handbags...and similar containers. The
Explanatory Notes, which constitute the official interpretation
of the Harmonized System at the international level, provide
that:
The articles covered by the second part of the heading must,
however, be only of the materials specified therein or must
be wholly or mainly covered with such materials (the
foundation may be of wood, metal, etc.). The expression
"similar containers" in this second part includes note-
cases, writing-cases, pen-cases, ticket-cases, needle-cases,
key-cases, cigar-cases, pipe-cases, tool and jewelry rolls,
brush-cases, etc.
The article in question is similar to, and performs the same
function as, a jewelry roll and therefore is classifiable in
heading 4202, HTSUSA.
HOLDING:
The jewelry pouch in question is classifiable in subheading
4202.92.9020, HTSUSA, under the provision for trunks, suitcases
...and similar containers...other, other, other, other, of man-
made fibers, and is subject to duty at a rate of 20 percent ad
valorem. The textile category is 670.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
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