CLA-2 CO:R:C:T 089575 CRS
John M. Peterson, Esq.
Neville, Peterson & Williams
39 Broadway
New York, NY 10006
RE: Textile drawstring pouch; handbags; other made up articles;
travel, sports and similar bags; Additional U.S. Note 1, Chapter
42, HTSUSA; request for reconsideration of DD 863621; HRL 950000.
Dear Mr. Peterson:
This is in reply to your letter of June 7, 1991, on behalf
of Totes, Inc., in which you requested reconsideration of Seattle
District Ruling (DD) 863621 dated June 3, 1991. This matter was
discussed at a meeting held at Customs' Headquarters on November
7, 1991. In addition, a supplementary submission was made in a
letter dated November 14, 1991. A sample of the merchandise in
question was provided and is described below.
FACTS:
The merchandise at issue is a drawstring pouch, style 3802,
made from 100 percent rayon. It measures 8 inches high and has a
6 inch diameter base. The bag is lined with a satin fabric and
has an inner lining of foam and a non-woven textile material.
The base has a cardboard or plastic insert. The pouch closes by
means of a braided drawstring. The pouch will be manufactured in
Hong Kong and will be imported through various ports including
Seattle, Cincinnati and Philadelphia. In DD 863621 the pouch at
issue was classified in subheading 4202.92.3030, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
ISSUE:
The issue presented is whether the merchandise in question
is similar to a handbag, or to "travel, sports and similar bags,"
such that it is classifiable in heading 4202, HTSUSA, or whether
it is instead properly classifiable under a residual provision
for other made up textile articles.
LAW AND ANALYSIS:
For the purposes of this ruling two headings are at issue:
heading 4202 and heading 6307. Heading 4202, HTSUSA, is a two
part provision covering only the articles specifically named
therein and similar containers, of which the second part is the
relevant portion for the purposes of this ruling. Included
within its scope are traveling 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
containers.
In contrast, heading 6307, HTSUSA, is a residual provision
for made up textile articles not included more specifically in
Section XI, HTSUSA, or elsewhere in the Nomenclature. Among
these are laundry bags, shoe bags, stocking, handkerchief or
slipper sachets, pajama or nightdress cases and similar articles.
Id., EN 63.07, EN/AS 6 (February 1990).
The article in question is made from a rayon velvet material
and has a multiple layer inner lining finished in satin. Among
the articles covered by heading 4202 are handbags; however, in
Customs' view the instant article is distinguishable from a
handbag. Compared to purses, pocketbooks, clutch bags, etc., the
pouch is made from flimsy material. Moreover, the drawstring,
which is the only practical means of carrying the pouch, is not
sturdy enough to serve as a handle or strap. Consequently, we do
not consider the pouch to be similar to a handbag.
The expression "travel, sports and similar bags" is defined
for the purposes of heading 4202 as goods "of a kind designed for
carrying clothing and other personal effects during travel." We
are advised by the National Import Specialists that articles
similar to the instant pouch are commonly used by women as a
travel bag for jewelry, lingerie and accessories. In
Headquarters Ruling Letter (HRL) 950000 dated October 31, 1991,
we stated with regard to a similar pouch:
The Explanatory Notes indicate that heading 4202,
HTSUSA, properly includes "similar containers" such as
pen-cases, tobacco pouches, tool and jewelry rolls; in
other words, articles which are ejusdem generis to the
named articles. Such articles are characterized by
their design or fit for storing, protecting or
transporting other goods...[O]ur New York office
advises us that the instant articles are designed to
hold, store or protect jewelry or other personal
effects....
In Customs' opinion the drawstring pouch at issue therefore comes
within the meaning of travel, sports and similar bags pursuant to
Additional U.S. Note 1, Chapter 42, HTSUSA.
HOLDING:
Pursuant to the foregoing, DD 863621 dated June 3, 1991, is
affirmed.
The article in question is classifiable in subheading
4202.92.3030, HTSUSA, under the provision for trunks, suitcases,
vanity cases...traveling bags, toiletry bags...and similar
articles; other; with outer surface of plastic sheeting or of
textile materials; travel, sports and similar bags; with outer
surface of textile materials; other; other; of man-made fibers;
other. It is dutiable at the rate of 20 percent ad valorem and
is subject to textile quota category 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