CLA-2 CO:R:C:T 088452jlj
Ms. Maureen Shoule
J. W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, New York 10038
RE: Reconsideration of New York Ruling Letter (NYRL) 857803;
classification of a "Dog Joggy Bag" pouch ("Poochie Pouch")
Dear Ms. Shoule:
This is in response to your letter of December 21, 1990,
requesting reconsideration of the tariff classification ruling
issued under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA) for a "Dog Joggy Bag" pouch to be imported by
your client, City Dog Designed. You received NYRL 857803 of
November 23, 1990, in response to your initial request.
Advertising literature and three samples were submitted along
with your request for reconsideration.
FACTS:
The sample in question is a small zippered purse or pouch
which is 100 percent nylon. It resembles a miniature duffel bag.
It measures 3-3/4 inches by 4-1/2 inches, with two circular side
gussets measuring 2-1/4 inches in diameter. Two textile loops,
affixed at the top by metal grommets, enable the bag to be worn
on a dog's collar belt for the purpose of carrying small personal
effects, i.e., keys, money, etc. This item will be sold in the
mass market as a "Poochie Pouch."
NYRL 857803 classified the instant pouch under the
provision for luggage and similar containers: articles of a kind
normally carried in the pocket or in the handbag: with outer
surface of textile materials: other: other: of man-made fibers,
in subheading 4202.32.9550, HTSUSA.
ISSUE:
Is the instant pouch classified as luggage or similar
containers in Heading 4202 or as saddlery and harness for any
animal in Heading 4201?
LAW AND ANALYSIS:
You and your client contend that the "Dog Joggy Bag" is
intended to be worn on a dog's collar rather than as a human
accessory. You argue that the packaging, the literature and the
fire hydrant logo on the pouch indicate that it is intended for
dogs. Your client states that the pouch is similar to saddlebags
worn by horses and that it is capable of carrying clean up bags
for dogs. Ms. Winkler states that the bag would be only rarely
used as a bait bag in training classes or worn by the dog
handler. She further states that the bag is sold exclusively
through pet industry distributors. She reiterated these
arguments in a conference at Customs Headquarters with Ms.
Johnson of this office.
The instant merchandise is a small pouch which is equally
capable of being worn on a person's belt or on a dog's collar.
The initial advertising literature describing this item states
that the "Dog Joggy Bag" is intended to carry "...keys, bags,
even the bank deposit." The initial literature also advises that
the bag can be hung "...from Fido's collar or from your own
belt." Later literature omits all mention of a belt, discussing
only Fido's collar.
Classification of merchandise under the HTSUSA is in
accordance with General Rules of Interpretation (GRI), taken in
order. GRI 1 provides that classification shall be according to
the terms of the headings and any relative section or chapter
notes.
Two previous Customs Headquarters ruling letters have
classified similar merchandise as luggage or similar containers
in Heading 4202, HTSUSA. In Headquarters Ruling Letter (HRL)
083992 of April 24, 1989, a nylon neck pouch designed to be worn
around the neck was classified as luggage of a kind normally
carried in the pocket or the handbag, in subheading 4202.32.9550,
HTSUSA. In HRL 083902 of May 2, 1989, a wrist sports stash, a
pouch intended to be worn on the wrist while jogging or engaging
in other sports, was classified in the same subheading.
In both HRL's we observed that the pouches were of a kind
usually carried in pockets or in handbags. The mere fact that
these pouches were designed to be worn around the neck or the
wrist did not remove them from the class or kind of luggage or
similar containers of a kind normally carried in the pocket or in
the handbag.
The instant "Dog Joggy Bag" is the same type of merchandise.
There is no doubt that the bag is intended to hold keys, coins or
the like (a function of luggage and similar containers) rather
than to function as an animal's saddlery or harness. While the
instant bag is designed to be worn affixed to a dog's collar, it
is a small purse-type container, the kind which would be normally
be carried in a pocket or a handbag. (We note that although the
bag is designed to be worn on a dog's collar it can also be worn
on a person's belt.) The instant bag is part of the same class
or kind of articles as the neck pouch or the wrist stash and
therefore must be classified as luggage or similar containers in
Heading 4202, HTSUSA.
HOLDING:
NYRL 857803 is affirmed. The "Dog Joggy Bag" is classified
in subheading 4202.32.9550, HTSUSA, dutiable at the rate of 20
percent ad valorem. Textile category 670 applies to this tariff
provision.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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. Inasmuch
as 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.
Sincerely,
John Durant, Director
Commercial Rulings Division