HQ 083644
April 21 1989
CLA 2:CO:R:C:G 083644 SR
Mr. Peter Hoodspith
Coghlan's Ltd.
121 Irene Street
Winnipeg, MB, Canada R3T 4C7
RE: Reconsideration of NYRL 834294; classification of travel pouch
Dear Mr Hoodspith:
This is in response to your letter dated January 16, 1989, requesting reconsideration of NYRL 834294 dated December 15, 1988. In that ruling it was held that your travel pouch is
classifiable under subheading 4202.32.9550, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as an article of a kind normally carried in the pocket or in the handbag.
FACTS:
The merchandise at issue is a travel pouch made in Taiwan. It is constructed of a material that is a cotton polyester blend. The pouch measures 5 1/2" x 6 1/2". It has three zippered
pockets and a flap top closure. Two of the pockets are the full depth of the item and one pocket is in the middle. It has an adjustable lanyard strap to enable the pouch to be worn around
the neck and under the wearer's clothes. The item is designed to be worn in this fashion to offer the traveler a secure place to carry a passport, money, and other documents that a traveler
would use.
LAW AND ANALYSIS:
You state that because this item is intended for use by travelers that it should be classified under subheading 4202.92.2000, HTSUSA, which provides for trunks, suitcases, sport
bags, of textile materials, other, with outer surface of textile materials, travel, sports and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted
construction, other.
2
Additional U.S. Note 1 to Chapter 42, HTSUSA, states that "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."
Although the pouch is designed to be used by a traveler that does not make it a travel bag. It is designed to hold a passport, money, and other items that are ordinarily carried in a
pocket or handbag, and it is small enough that it could be carried in the pocket or handbag. The pouch is worn around the neck under the traveler's clothes in order to provide security
for the items carried.
Headquarters Ruling Letter (HRL) 082265, dated March 20, 1989, dealt with a similar article of merchandise. The merchandise in this ruling was a nylon ski wallet. It was
approximately the same size as the travel pouch and it also had three zippered pockets and a lanyard for wear around the neck. This ski wallet was classified under subheading 4202.32.9550,
HTSUSA, because it was an article of a kind normally carried in a pocket or purse, however pockets and purses are impractical while skiing.
HOLDING:
The merchandise at issue is classifiable under subheading 4202.35.9550, HTSUSA, which provides for trunks, suitcases, sports bags, of textile materials, articles of a kind normally
carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man made fibers. The rate of duty is 20 percent ad valorem and the textile category number is
670. NYRL 834294, dated December 15, 1989, is affirmed.
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 articles, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division