CLA-2 CO:R:C:G 087753 CRS
Mr. Mario H. Aybar
Maybar Tex.
315 Wadsworth Avenue
New York, NY 10040
RE: Nylon satin drawstring pouch is similar to containers of
heading 4202 and is of a size normally carried in the pocket
or handbag.
Dear Mr. Aybar:
This is in reply to your letter, dated July 17, 1990, to our
New York office,, concerning the classification of a textile bag
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). A sample was provided.
FACTS:
The article in question is a nylon satin drawstring purse or
pouch. The purse measures 4 inches by 2 inches and will be used
by packers for perfume, soaps, jewelry and other small items, but
is not designed for any specific article. The purse is made in
the People's Republic of China.
ISSUE:
Whether the drawstring purse in question is 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 is determined according to the
terms of the headings and any relative section or chapter notes.
Heading 4202, HTSUSA, provides, inter alia, for travelling
bags, toiletry bags, knapsacks and backpacks, handbags, shopping
bags, wallets, purses, map cases, cigarette cases, tobacco
pouches, tool bags, sports bags, bottle cases, jewelry boxes,
powder cases, cutlery cases and similar articles. The
Explanatory Notes, which although not legally binding, constitute
the official interpretation of the Harmonized System at the
international level, provides in relevant part at EN 42.02, 613,
that:
The expression "similar containers"...includes note-cases,
writing-cases, pen-cases, ticket-cases, needle-cases, key-
cases, cigar-cases pipe-cases, tool and jewellery rolls,
shoe-cases, brush-cases, etc.
The article in question is similar to the above-referenced
containers. Furthermore, given the size of the drawstring purse
(4 inches by 2 inches), it is Customs' view that it is similar to
the type of article normally carried in the pocket or handbag.
HOLDING:
The drawstring purse at issue is classifiable in subheading
4202.32.9550, HTSUSA, under the provision for articles of a kind
normally carried in the pocket or handbag, with outer surface of
plastic sheeting or of textile materials, with outer surface of
textile materials, other, other, of man-made fibers, and is
dutiable at the 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