CLA-2 CO:R:C:T 950000 KWM
Mr. Felipe Angel
AG Brokerage
9320 Bellanca Avenue
Los Angeles, California 90045
RE: Fendi drawstring pouches; Jewelry pouches; Similar
containers; Travel, sports and similar bags; Suitable for
long term use; Textile.
Dear Mr. Angel:
This is in response to your letter of July 2, 1991,
regarding the tariff classification of merchandise described
as "jewelry pouches." Our reply follows.
FACTS:
Your letter describes the merchandise as jewelry pouches.
Three items are at issue, differing primarily in size. They
are textile bags, closed by means of a drawstring at the top.
Each is black and has a gold lining. The largest bag is
embroidered on the bottom with the Fendi logo. The lining of
each bag also displays the Fendi logo. The largest bag
measures approximately 8 1/2 inches by 7 inches; the medium
bag 5 1/2 inches by 5 inches; the smallest bag 4 1/2 inches by
4 inches. Your correspondence also included information from
Ben-K America Co., Ltd., the manufacturer of the bags. That
information indicates that the bags are mad from two layers of
textile: the exterior or "body" of the bags, and a "lining."
The body of the bag is made from nylon fabric and nylon
flocking. The lining is nylon acetate fabric. The bag also
has de minimus amounts of string cord and metallic trim.
Lastly, Ben-K asserts that the merchandise will be principally
used "for jewelry holder and . . . will be given away for
advertising."
ISSUE:
How are these bags classified under the Harmonized Tariff
Schedule of the United States Annotated?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA) is made in accordance
with the General Rules of Interpretation (GRI's). The
systematic detail of the harmonized system is such that
virtually all goods are classified by application of GRI 1,
that is, according to the terms of the headings of the tariff
schedule and any relevant Section or Chapter Notes.
Heading 4202, HTSUSA, provides for:
4202 Trunks, suitcases, vanity cases, attache cases.
briefcases, school satchels, spectacle cases,
binocular cases, camera cases, musical
instrument cases, gun cases, holsters and
similar containers; toiletry bags, knapsacks,
purses, map cases, cigarette cases, tobacco
pouches, toolbags, sports bags, bottle cases,
jewelry boxes, powder case, cutlery cases and
similar containers, of leather or of
composition leather, of plastic sheeting, of
textile materials, of vulcanized fiber or
paperboard, or wholly or mainly covered with
such materials.
Customs regularly consults the Explanatory Notes to the
HTSUSA, which constitute the official interpretation of the
tariff at the international level. 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. Based on the assertions of your
July 2, 1991, submission, and extensive experience with
products of this type, our New York office advises us that the
instant articles are designed to hold, store or protect
jewelry or other personal effects; that the small and medium
bag are of the type normally carried on the pocket or handbag,
and the larger suitable for personal items during travel.
Lastly, note that the sample articles are constructed from a
quality textile material, are well made, and appear suitable
for such uses.
HOLDING:
The jewelry pouches are classified as follows.
The small and medium sized pouches (4 1/2 inches by 4
inches, and 5 1/2/ inches by 5 inches) are classified in
subheading 4202.32.9550, HTSUSA. The applicable rate of duty
is 20 percent ad valorem. The applicable textile visa
category is 670.
The large pouch is classified in subheading 4202.92.3030,
HTSUSA. The applicable rate of duty is 20 percent ad valorem.
The applicable textile visa category is 670.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota category
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 you check, close to
the time of shipment, the Status Report on Current Import
Quotas (Restraint Levels), an issuance of the U.S. Customs
Service, which is updated weekly and is available 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 the importation of this
merchandise to determine the current status of any import
restraints or requirements.
Sincerely,
John A. Durant, Director
Commercial Rulings Division