CLA-2 CO:R:C:T 954403 BC
Scott E. Rosenow, Esq.
STEIN SHOSTAK SHOSTAK & O'HARA
1620 L Street, N.W.
Washington, D.C. 20036
RE: Classification of a drawstring pouch made of polyester yarn;
spectacle pouch; eyeglass pouch; pouch for sunglasses
Dear Mr. Rosenow:
This responds to your letter of June 11, 1993, concerning
the proper classification of a polyester pouch used as a
container for sunglasses. You submitted a sample pouch for our
examination.
FACTS:
The sample is a 3 1/2 by 7 inch drawstring pouch made of an
ultra-fine polyester material. The pouch will be distributed to
purchasers of sunglasses for the purpose of providing a container
with a drawstring closure to secure the glasses inside.
ISSUE:
What is the proper classification for the polyester
drawstring pouch at issue?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the
United States (HTSUS) is governed by the General Rules of
Interpretation (GRI). GRI 1 provides that classification is
determined in accordance with the terms of the headings and any
relative section or chapter notes. Where goods cannot be
classified solely on the basis of GRI 1, the remaining rules will
be applied in sequential order.
The Explanatory Notes (EN's) to the Harmonized Commodity
Description and Coding System assist us in the classification of
merchandise. The EN's constitute the official interpretation of
the nomenclature at the international level. While not legally
binding, they represent the considered views of classification
experts of the Harmonized System Committee. It has been the
practice of the Customs Service to follow, whenever possible, the
terms of the EN's when interpreting the HTSUS. In Treasury
Decision (T.D.) 89-80, Customs stated that the EN's should always
be consulted as guidance when classifying merchandise. (See T.D.
89-80, quoting from a report of the Joint Committee on the
Omnibus Trade and Competitiveness Act of 1988, endorsing use of
the EN's in the classification of goods. 23 Cust. Bull. 379
(1989), 54 Fed. Reg. 35,127 (August 23, 1989).)
In your letter, you contended that the pouch at issue should
be classified under heading 6307, HTSUSA, as an other made up
article of textile. You asserted that it should not be
classified under the provision for spectacle cases and similar
containers in heading 4202, HTSUSA.
Drawstring pouches have been classified under the HTSUSA in
both heading 4202 and heading 6307. Where a pouch is considered
specially designed to hold an article, and of adequate
construction to be used repeatedly (rather than discarded), it is
classifiable under heading 4202, HTSUSA. If it is the kind of
article to be carried in the pocket or handbag, with an outer
surface of textile material, it is classifiable under subheading
4202.32, HTSUSA. See HRL 085259 (August 25, 1989), HRL 087753
(November 19, 1990), HRL 950000 (October 31, 1991), New York
Ruling Letter (NYRL) 874792 (June 8, 1992), HRL 875278 (June 26,
1992), NYRL 875633 (July 9, 1992), and HRL 951882 (January 29,
1993). If it is the kind of article that falls within the
description of "travel, sports and similar bags," as set forth in
Additional U.S. Note 1 of Chapter 42, it is classifiable under
subheading 4202.92, HTSUSA. That note reads as follows:
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.
See HRL 086083 (March 5, 1990), as modified by HRL 086637 (March
30, 1990), NYRL 866540 (September 13, 1991), HRL 089575 (November
20, 1991), NYRL 881239 (December 29, 1992), and HRL 951882
(January 29, 1993).
Pouches that have been found to fall outside heading 4202,
HTSUSA, are those that are considered not specially designed to
hold a particular article and not adequately constructed for
repeated use. You cited HRL 953176, dated March 16, 1993, for
this very proposition. That ruling classified a pouch under
heading 3923, HTSUSA, pertaining to articles of plastic. The
decision was based on findings that the article was not specially
shaped or fitted nor of substantial construction. The other
cases you cited were based on similar findings.
You contend that the pouch at issue here is neither
specially shaped or fitted nor of substantial construction. On
this basis, you assert that the pouch should be classified under
heading 6307, HTSUSA, as an other made up textile article.
We disagree with your contention that the pouch at issue is
not adequately constructed for repeated use. As you pointed out
in your letter, articles of heading 4202, HTSUSA, can be soft
and/or without foundation. The pouch at issue is just such an
article. We find that it is of substantial construction and
capable of repeated use.
As far as the requirement that a pouch be specially shaped
or fitted, it is clear that the pouch at issue is not specially
designed to hold a particular article. While a pair of glasses
is capable of fitting neatly inside the pouch, with dimensions of
7 by 3.5 inches, many other articles could also be placed
therein. In addition, the pouch evidences no special features,
such as (but not limited to) pockets or compartments, that would
suggest special design to hold particular articles.
Based on the fact that the pouch at issue is a general
purpose pouch, capable of holding various articles and not
specially shaped or fitted for a particular article, we conclude
that it is classifiable under subheading 6307.90.9986, HTSUSA, as
an other article of textile. The fact that the pouch is of
substantial construction does not alter this conclusion.
HOLDING:
The drawstring pouch at issue is classifiable under
subheading 6307.90.9986, HTSUSA, as an other article of textile,
other. The applicable duty rate is 7% ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division