CLA-2:CO:R:C:G 087596 SR

Mr. Andrew M. Parish, Esquire
Florida Federal Building
Suite 200
2222 Ponce De Leon Boulevard
Coral Gables, Florida 33134-6193

RE: Automobile covers

Dear Mr. Parish:

This is in reference to your letter dated July 7, 1990, requesting the tariff classification of automobile covers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The automobile covers are produced in France.

The merchandise at issue is automobile covers. The inquirer states that the covers may be imported in approximately 700 different forms conforming to different types of automobiles (Porsche, Jaguar, etc.). The covers will be manufactured out of various textile products, e.g., 100 percent cotton, 80/20 cotton/man-made blends, etc. The individual covers will be cut from patterns that conform to the contour of the automobile for which they are designed. The corners of the cover have elastic to enable them to fit snugly over the car. The covers may bear the seal of the automobile to which it is specifically designed, The covers will be sold with a drawstring textile storage bag that also has the car insignia.

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ISSUE 1

What is the classification of the automobile covers?

ISSUE 2

What is the classification of the drawstring bags?

LAW AND ANALYSIS:

ISSUE 1

Heading 8708, HTSUSA, provides for parts and accessories for motor vehicles. Heading 6307, HTSUSA, provides for other made up articles of textiles.

The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to Section XVII, HTSUSA, which includes the provision for automobile parts and accessories, provides that headings in this section apply only to parts or accessories which comply with all three of the following conditions:

(a) They must not be excluded by the terms of Note 2 to this Section . . .

(b) They must be suitable for use solely or principally with the articles of Chapters 86 to 88 . . .

(c) They must not be more specifically included elsewhere in the Nomenclature (see paragraph (C) below).

The automobile accessories at issue are not excluded by Note 2; and they are suitable for use solely with an automobile that is classifiable in Chapters 86 to 88. It must be determined whether they are more specifically provided for elsewhere in the Nomenclature.

Heading 6307, HTSUSA, provides for other made up articles of textile. The Explanatory Notes to heading 6307, HTSUSA, state that this heading includes loose covers for motor-cars, machines,

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suitcases, tennis rackets, etc. The covers at issue are more than loose covers. They are designed to fit tightly over a particular model of car; they even have pockets designed to fit over rear view mirrors. They are are more specifically provided for as accessories for automobiles than as other made up articles of textile.

ISSUE 2

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(a) provides that composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character. 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 carrying bag at issue is not specially fitted to hold the automobile cover. It is not an unusual shape or size and could be used to hold many different types of objects. The bag and the automobile cover are composite goods; the essential character is imparted by the automobile cover.

HOLDING:

The automobile cover and carrying bag at issue are classifiable under subheading 8708.99.5080, HTSUSA, which provides for parts and accessories of motor vehicles, other parts

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and accessories, other, other, other. The rate of duty is 3.1 percent ad valorem.
Sincerely,

John Durant, Director
Commercial Rulings Division