CLA-2 CO:R:C:T 951539 jb
Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221
RE: Unfinished sachet bag; subheading 6307.90.9480; marking
requirements
Dear Mr. Reider:
This ruling is in response to your letter, dated March 5,
1992, regarding the classification, under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), of an
unfinished sachet bag imported from China. A sample was provided
to this office. You also requested marking requirements for the
submitted article. Our response follows.
FACTS:
The submitted sample is a sachet bag composed of loosely
woven cotton fabric measuring approximately 5 inches by 3.5
inches. Printed on one side are the words "All Natural Aromatic
Cedar". The article will be manufactured in Macau and/or the
Peoples Republic of China and will arrive in the United States
through the West Coast Port of Los Angeles, California. The
final destination of the goods will be Woodcor America, Inc.,
Portsmouth, Ohio.
Upon importation into the United States the sachet bag is
empty (i.e., void of the aromatic cedar shavings). The sachet
bag will be filled with the aromatic cedar shavings after
importation into the United States and subsequently, sewn closed.
ISSUE:
Whether the subject merchandise is classifiable under
heading 6305, HTSUSA, which provides for sacks and bags, of a
kind used for the packing of goods, or heading 6307, HTSUSA,
which provides for other made up articles?
What are the marking requirements?
LAW AND ANALYSIS:
Classification
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's) taken
in order. The GRI's require that classification be determined
according to the terms of headings and any relative section or
chapter notes, taken in order. In the event that the goods
cannot be classified solely on the basis of GRI 1, the remaining
GRI's will be applied, taken in order.
Heading 6305 provides for sacks and bags, of a kind used for
the packing of goods. The Explanatory Notes (EN) to the HTSUSA,
while not legally binding, constitute the official interpretation
of the Harmonized System at the international level. It has been
the practice of the Customs service to follow, whenever possible,
those terms when interpreting the HTSUSA. The EN to heading 6305
state:
This heading covers textile sacks and bags of a kind
normally used for the packing of goods for transport,
storage or sale.
These articles, which vary in size and shape, include in
particular coal, grain, flour, potato, coffee or similar
sacks, mail bags, and small bags of the kind used for
sending samples of merchandise by post. The heading also
includes such articles as tea sachets.
It is clear that the articles listed under this heading are
of the type used for commercial merchandise being transported or
stored for sale, usually in bulk (See also, HQ 088453, dated May
2, 1991, discussing classification of bulk bags, and HQ 089444,
dated September 3, 1991, discussing the classification of
polypropylene bags used for the conveyance of goods).
The subject bag is to be filled with aromatic shavings.
The aromatic shavings are not per se, goods being transported,
stored or sold. The subject bag is filled with the aromatic
shavings to become part of the completed article known as a
scented sachet. As such, the submitted article is not a sack or
bag used for the packing of goods for transport, storage or sale
under heading 6305, HTSUSA.
Heading 6307, HTSUSA, provides for other made up articles.
The EN to heading 6307 make mention of sachets and further state:
This heading covers made up articles of any textile material
which are not included more specifically in other headings
of Section XI or elsewhere in the Nomenclature.
It includes, in particular:
(5) Domestic laundry or shoe bags, stocking, handkerchief or
slipper sachets, pyjama or nightdress cases and similar
articles
Similar merchandise has been the subject of Customs rulings
in the past and classified as other made up articles (See, HQ
084866, October 19, 1989; NY 845962, October 24, 1989; HQ 085415,
November 7, 1989; HQ 085380, November 24, 1989; HQ 085961, March
9, 1990; HQ 086206, April 13, 1990; HQ 086852, May 10, 1990; HQ
086611, May 17, 1990; HQ 088311, March 15, 1991; HQ 088411, April
23, 1991; NY 864776, July 3, 1991; NY 869135, December 12, 1991;
NY 868924, December 13, 1991).
The submitted merchandise is classifiable under subheading
6307.90.9480, HTSUSA, as an other made up article.
Marking Requirements
All information, including the sample, has been transferred
to the Marking department of the Office of Rulings and
Regulations. As such, you will be receiving specific marking
information under separate cover.
HOLDING:
As the submitted merchandise is not used for the transport,
storage or sale of its contents, classification of the unfinished
sachet bag is under subheading 6307.90.9480, HTSUSA, which
provides for other made up articles, including dress patterns:
Other: Other: Other, other. The rate of duty is 7 percent ad
valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, your client should contact the
local Customs office to determine the current status of any
import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division