CLA-2; CO:R:C:T 951882 ch
Joseph Bonvissuto
The A.W. Fenton Company, Inc.
6565 Eastland Road
Cleveland, OH 44142-1388
RE: Further review of protest 4101-92-100020; articles carried
in the pocket or handbag v. travel, sports or similar bags;
4202.32 v. 4202.92; jewelry pouch with drawstring closure; size
and nature of pouch indicate it is not normally carried in the
pocket or handbag.
Dear Mr. Bonvissuto:
This is in response to your request for Further Review of
Protest 4101-92-100020, which concerned the classification of
jewelry pouches under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).
FACTS:
The sample submitted, identified as style LHG-9302, is a
drawstring pouch which measures approximately 5 inches x 5 inches
at the base, and 4 1/2 inches in height. The exterior surface is
of a black man-made textile velvet material. The interior is
lined with red satin.
The interior satin lining has three full size open pockets
sewn to three side walls and the fourth wall has a double open
pocket. The large central area is capable of accommodating
larger items. The top is closed by a matching red drawstring
cord which is of a non-braided construction. The item appears to
be designed to contain jewelry.
ISSUE:
Whether the subject merchandise is properly classified under
subheading 4202.32, HTSUSA, which provides for articles of a kind
normally carried in the pocket or in the handbag, or subheading
4202.92, which provides for travel, sports and similar bags?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes. Where goods cannot be classified on the basis of GRI 1,
the remaining GRI will be applied in order.
Heading 4202, HTSUSA, provides, in pertinent part, for:
Trunks, suit-cases, vanity-cases, executive-cases,
briefcases, school satchels, spectacle cases, binocular
cases, camera cases, musical instrument cases, gun
cases, holsters and similar containers; travelling-
bags, toilet bags, rucksacks, cigarette-cases, tobacco-
pouches, tool bags, sports bags, bottle-cases,
jewellery boxes, powder-boxes, cutlery cases and
similar containers...(Emphasis added).
The Explanatory Notes (EN) to the Harmonized Commodity
Description and Coding System constitute the official
interpretation of the nomenclature at the international level.
While not legally binding, they do represent the considered views
of classification experts of the Harmonized System Committee. It
has therefore been the practice of the Customs Service to follow,
whenever possible, the terms of the EN when interpreting the
HTSUSA.
The EN to heading 4202 state, in pertinent part:
The term "similar containers" in this second part
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. (Emphasis added).
The interior of the subject merchandise contains several small
pockets. The exterior surface is of a textile velvet material
and the interior is lined with satin. These features indicate
that the pouch is specially fitted and designed to hold and
protect jewelry, and is capable of repeated use. This item may
be distinguished from textile jewelry pouches not specially
fitted to hold jewelry and not of durable construction, which are
classified as other made up textile articles of heading 6307,
HTSUSA. See HRL 089371, dated September 6, 1991, HRL 089759,
dated September 6, 1991, HRL 089851, dated July 29, 1991. Hence,
this item is "similar" to a jewellery roll and is properly
classified under heading 4202.
Chapter 42, Additional U.S. Note 1, reads:
For the purposes of heading 4202, the expression
"travel, sports and similar bags" means goods, other
than those falling in subheadings 4202.11 through
4202.39, of a kind designed for carrying clothing and
other personal effects during travel, including
backpacks and shopping bags of this heading, but does
not include binocular cases, camera cases, musical
instrument cases, bottle cases and similar containers.
A jewelry pouch is a good used to transport personal effects;
i.e. jewelry. Thus, if subheadings 4202.11 through 4202.39 are
inapplicable, the subject merchandise shall be classified as a
travel bag.
In the past, merchandise similar to the instant item have
sometimes been classified as articles of a kind normally carried
in the pocket or in the handbag, which fall within subheadings
4202.11 through 4202.39. You cite several of these rulings in
support of your position that the subject merchandise should be
so classified.
In HRL 085259, dated August 25, 1989, we classified a
drawstring textile perfume pouch as an item to be carried in the
pocket or handbag. We do not have the subject merchandise before
us. However, we note that this ruling described the pouch as a
"flat good." This description leads us to conclude that the
article was of such dimensions so as to render it suitable to be
carried in the pocket or handbag.
Similarly, HRL 087753, dated November 19, 1990, New York
Ruling Letter (NYRL) 859141, dated January 7, 1991, NYRL 859318,
dated January 29, 1991, and NYRL 862128, dated April 16, 1991,
all involved drawstring pouches classified as items to be carried
in the pocket or handbag. Again, we do not have the subject
merchandise at hand. However, the dimensions of these articles
were described as 4 inches by 2 inches, 2 3/4 inches by 4 inches,
2 3/4 inches by 3 inches and 3 inches by 4 inches respectively.
Your merchandise measures 5 inches by 5 inches at the base, and 4
1/2 inches in height. Clearly, the items you wish to import are
larger than the articles in the rulings you cite, and are less
likely to be carried in the pocket or handbag.
In the past, items similar to the subject merchandise have
also been classified as travel, sports and similar bags based on
their size and use. For example, in HRL 086083, dated March 5,
1990, as modified by HRL 086637, dated March 30, 1990, we
classified a nylon satin jewelry pouch with "eight small interior
pockets or compartments to hold earrings or pins, and a large
central pocket for larger items of jewelry" as a travel, sports
or similar bag. Similarly, in HRL 089575, dated November 20,
1991, we classified a drawstring pouch measuring 8 inches by 6
1/2 inches as a travel bag.
In this case, we are of the opinion that your merchandise is
too large to be carried in the typical pocket or handbag. We
also reiterate the point that the item is of a durable
construction suitable for use as a travel bag. Moreover, the
presence of several pockets in the pouch leads us to conclude
that it is specifically designed to hold several items of jewelry
during travel. Hence, the subject merchandise is properly
classified under subheading 4202.92, which provides for travel,
sports or similar bags. Accordingly, your request for Further
Review of Protest 4101-92-100020 is denied.
HOLDING:
The subject merchandise is classifiable under subheading
4202.92.3030, HTSUSA, which provides for travel sports or similar
bags, with outer surface of textile materials, other, other. The
applicable rate of duty is 20 percent ad valorem. The textile
quota category is 670.
Sincerely,
John Durant, Director