CLA 2 RR:CR:TE 963222 SG
Ms. Kristen Gibson, Import Analyst
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, OH 43068
RE: Classification of a wine bottle bag; decorative covering.
Dear Ms. Gibson:
This is in response to your letter, dated March 26, 1999, requesting a binding classification ruling on a drawstring textile fabric wine bottle bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted to this office.
FACTS:
The submitted sample, identified as style 603330 (black), is a drawstring wine bottle bag constructed of various layers of materials.
A. The exterior of the bag is constructed of woven polyester velvet fabric.
B. The next layer is constructed of plastic foam for padding or insulation.
C. The inner layer is constructed of woven man-made fabric.
The bag measures approximately 13 inches in length and features a rounded bottom measuring approximately 5 inches in diameter. A twisted polyester cord has been drawn though a loop on the exterior of the bag approximately 3 inches from the top of the bag. It is clear from the design of the bag that the cord closure is strategically located at a point where the neck of the bottle protrudes from the bag to allow the cord to be tied with ease. The bag has a separate piece of fabric which forms the bag bottom and it is a size that facilitates a snug fit for a standard wine bottle. The bag appears to be constructed with good quality fabric and is shaped to fit a wine bottle.
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The bag will also be imported in silver (style 603332), fuschia (style 603334) and red (style 603331).
ISSUE:
What is the proper tariff classification for the drawstring bag?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the rules of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.
The competing provisions for this merchandise are heading 4202, HTSUS, and heading 6307, HTSUS.
Heading 4202, HTSUS, provides for, trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper. In Totes, Inc., v. United States, 18 C.I.T. 919, 865 F. Supp. 867, 871 (1994), the Court of International Trade concluded that the “essential characteristics and purpose of Heading 4202 exemplars are...to organize, store, protect and carry various items.” The Court also ruled that by virtue of ejusdem generis the residual provision for “similar containers” in heading 4202, HTSUS, is to be broadly construed.
Heading 6307, HTSUS, provides for other textile articles not more specifically provided for elsewhere in the tariff schedule. The Explanatory Note (EN) to heading 6307, at page 949, states in pertinent part that the provision includes:
* * *
(5) Domestic laundry or shoe bags, stocking, handkerchief or slipper sachets, pyjama or
nightdress cases and similar articles.
(6) Garment bags (portable wardrobes) other than those of heading 42.02.
* * *
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In addition, the EN to heading 6307, at page 950, state that the heading excludes "travel goods (suit cases, rucksacks, etc.), shopping bags, toilet cases, etc., and all similar containers of heading 42.02." It should be noted that articles such as laundry or shoe bags may take the form of a drawstring bag or pouch.
The foregoing indicates that travel containers of heading 4202, HTSUS, are excluded from heading 6307. Moreover, the exemplars cited as examples of bags classifiable within heading 6307 suggest that certain storage bags are excluded from heading 4202. In practice, the distinction between travel and storage bags is often difficult to apply. For example, garment bags, shoe bags and similar bags may be used for either storage or travel depending upon their construction or design. Furthermore, heading 4202 is not limited to containers used for travel purposes. For example, jewelry boxes are classifiable under heading 4202, despite the fact that they are used to store and/or display their contents. Other containers of heading 4202, including cutlery cases, cigarette cases and similar cases, may be used for storage purposes, depending upon their construction.
In marginal circumstances, we regard the substantiality of the container as a pertinent consideration. Substantial containers are more likely to be used for carrying purposes and are better able to protect their contents. The term "substantial" in this context refers not only to the material composition of the article, but also to whether it has been designed for repetitive use. Thus, lined jewelry pouches constructed of quality materials have been classified in heading 4202 as they were suitable for use during travel. See HRL 950000, dated October 31, 1991.
In addition, the Explanatory Note to heading 4202 excludes certain containers which are not specially shaped or fitted. For example, jewelry boxes of a kind sold at retail with their contents are classified in the heading only if they are specially shaped or fitted to hold their contents and suitable for long term use. We regard this requirement as a relevant consideration when classifying merchandise at the periphery of the heading. Containers which are specially shaped or fitted are better suited for organizing and storing merchandise. Thus, jewelry pouches have been excluded from heading 4202 when of an insubstantial nature and not specially fitted to hold jewelry. See HRL 953176, dated March 16, 1993. We have held that bags are classifiable in heading 6307, HTSUS, when they are either not specifically shaped or fitted to hold particular articles or not constructed of durable materials. (See Headquarters Ruling Letter (HRL)’s 089851, dated July 29, 1991, HRL 954403, dated November 16, 1993.
In the instant case, it is clear that the subject merchandise is of a strong and durable construction. The purpose of the bag therefore becomes to 1) provide protection against breakage of the bottle; 2) secure a means by which to carry the bottle. The sturdy construction of the bag ensures that it will be used as “protective packing” not only for one wine or champagne purchase, but for any future wine or champagne purchases. The bag is therefore intended for repetitive use. We note that the sample bag, while an attractive means for presenting its contents, does not appear to be designed principally as an alternative for gift wrapping or merely a decorative cover for a wine or champagne bottle. This bag is therefore distinguishable from
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HQ 960831 dated January 26, 1998, HQ 960886 dated January 26, 1998, and HQ 960830 dated July 21, 1998, where the bottle bags were not constructed to prevent bottle breakage.
We note that “bottle cases” are specifically enumerated in heading 4202, HTSUS. Although the subject bag is not a “case”, it does share the fundamental characteristics attributable to cases, that is, as it relates to storage and protection. As such, these protective and storage properties clearly make the bag the type of article provided for under 4202, HTSUS.
HOLDING:
The subject merchandise is properly classified in subheading 4202.92.9026, HTSUSA, which provides for, trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper: other: with outer surface of sheeting of plastic or of textile materials: other: other: with outer surface of textile materials: other: of man made fibers. The applicable general column one rate of duty is 18.8 percent ad valorem and the quota category is 670.
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 negotiations and changes, we suggest that 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 the 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 the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division