CLA-2 CO:R:C:G 086852 CB
District Director
U.S. Customs Service
Suite 200
477 Michigan Avenue
Detroit, Michigan 48266
RE: Request for Further Review of Protest No. 3801-9-001530;
Classification of textile drawstring pouches
Dear Sir:
Protest and request for further review were timely filed
against the liquidation of entries covering shipments of cotton
flannel drawstring bags.
FACTS:
The instant merchandise is a cotton flannel bag measuring
approximately 4 1/4 inches x 5 inches. The bag has a drawstring
closure and an embroidered trademark logo. According to the
information provided by the protestant, these 1.75 liter size
bags were imported to be given away as premiums by establishments
serving alcoholic beverages by the glass. Apparently, when a
customer orders a glass of the spirit whose trademark appears on
the bag, the bag is provided as a coaster. The bags are
manufactured in Brazil and imported from Canada.
The port classified the bags under subheading 4202.92.1500,
HTSUSA, which provides for travel, sport and similar bags. The
protestant claims the bags are classifiable in subheading
6307.90.9050, HTSUSA, which provides for other articles of
textile. Two New York rulings (NYRL 823309 and 822974) are cited
in support of this contention.
ISSUE:
Whether the subject merchandise is of a class or kind
classifiable under heading 6307, HTSUSA or heading 4202, HTSUSA?
-2-
LAW AND ANALYSIS:
It is the protestant's contention that the subject
drawstring pouches are of the class or kind of merchandise
described in subheading 6307.90.9050, HTSUSA, which provides for
other made up articles of textile. In support of their position,
protestant cites two New York rulings which held that bags of
textile material are correctly classified in heading 6307,
HTSUSA. NYRL 823309 (June 12, 1987) classified a golf balls and
tees carrying bag in heading 6307, HTSUSA. NYRL 822974 (May 22,
1987) also classified an accessory bag in heading 6307, HTSUSA.
Your office's Notice of Redelivery was based on the belief
that the subject merchandise is similar to the merchandise
described in NYRL 839473 (April 21, 1989) which held that
drawstring pouches are classified in heading 4202, HTSUSA, as
travel, sports and similar bags.
Heading 4202, HTSUSA, provides for trunks, suitcases, vanity
cases,...and similar containers.... Containers classifiable
under heading 4202, HTSUSA, must generally be of a class or kind
suitable for long-term use and specially shaped or fitted as set
forth in General Rule of Interpretation 5(a). It is Headquarters
position that the subject textile pouches are general purposes
bags because they are not specially shaped or fitted. Nor, do
they possess the substantiality required of heading 4202
containers.
The question remains whether the pouch is a "made up"
article. The expression "made up" as used in Section XI is
explained in Section Note 7, which provides in pertinent part:
"For the purposes of this Section, the expression 'made up'
means:
(a) Cut otherwise than into squares or rectangles;
(b) Produced in the finished state, ready for use ***
without sewing or other working***;
(c) Hemmed or with rolled edges, or with a knotted fringe
at any of the edges, but excluding fabrics, the cut of edges
of which have been prevented from unravelling by whipping or
by other simple means;
***
(e) Assembled by sewing, gumming or otherwise (other than
piece goods consisting of two or more lengths of identical
material joined end to end***.
-3-
Pursuant to the Section Note the instant pouch is a "made up"
article of textile and therefore, it is classifiable in heading
6307, HTSUSA.
HOLDING:
As a result of the foregoing, the textile pouches are
classifiable in subheading 6307.90.9050, HTSUSA, which provides
for other made up articles, other, other. You should GRANT this
protest in full. A copy of this decision should be forwarded to
the law firm of Ross & Hardies.
Sincerely,
John Durant, Director
Commercial Rulings Division