CLA-2 CO:R:C:T 954705 CC
Taylor Gurley
The Marketing Group, Inc.
294 East 155th Street
Harvey, IL 60426-3702
RE: Classification of a bag and coveralls made of nonwoven
fabric; Headings 4202, 6210
Dear Mr. Gurley:
This letter is in response to your inquiry, requesting the
tariff classification of a bag and coveralls. Samples were
submitted for examination.
FACTS:
The merchandise at issue consists of a bag and coveralls.
An examination shows that both articles are made of "tyvek," a
nonwoven fabric of spunbonded olefin made from synthetic fibers.
The submitted bag measures approximately 14 inches by 16
inches. The top of the bag has four holes through which a rope
has been inserted, which serves as a means for carrying the bag.
The coveralls are a light weight one-piece garment that have
an attached hood with a drawstring tightening. The coveralls
have a breast pocket, long sleeves with elasticized cuffs, and a
zippered closure which extends from the neck area to the waist
area.
ISSUE:
What is the classification of the merchandise at issue under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Heading 4202, HTSUSA, provides for traveling bags, sporting
bags and similar containers, among other articles. Subheading
4202.92, HTSUSA, includes travel, sports and similar bags with an
outer surface of textile materials. Additional U.S. Note 1 to
Chapter 42 states the following:
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.
The bag at issue is designed for carrying personal effects
during travel. Consequently, this item is classified under
subheading 4202.92.
Heading 6210, HTSUSA, provides for garments made up of
fabrics of heading 5602, 5603, 5903, 5906 or 5907; subheading
6210.10, HTSUSA, provides of fabrics of heading 5602 or 5603.
Since the coveralls at issue are made of nonwoven fabric of
Heading 5603, they are classifiable under subheading 6210.10.
HOLDING:
The bag at issue is classified under subheading
4202.92.3030, HTSUSA, which provides for travel, sports and
similar bags, with outer surface of textile materials, other,
other, of man-made fibers, other. The rate of duty is 20 percent
ad valorem, and the textile category is 670.
The coveralls at issue are classified under subheading
6210.10.4015, HTSUSA, which provides for garments made up of
fabrics of heading 5602, 5603, 5903, 5906 or 5907: of fabrics of
heading 5602 or 5603: other, other, overalls and coveralls. The
rate of duty is 17 percent ad valorem, and the textile category
is 659.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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.
Sincerely,
John Durant, Director
Commercial Rulings Division