CLA-2 CO:R:C:G 085380 SLR
Ms. Julie White
Nordstrom, Inc.
A/P Import Office
1321 2nd Ave.
Seattle, WA 98101
RE: Protective Pouch
Dear Ms. White:
This ruling is in response to your letter of July 28, 1989,
requesting the classification of a handbag cover under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). A sample was provided for our examination.
FACTS:
The submitted sample consists of a handbag and drawstring
pouch. The handbag is made of brass that is gold and nickel
plated. The protective pouch, style number MB1010, is 55 percent
polyester and 45 percent rayon. It is designed to protect
handbags from damage during shipping. One will be given to
customers at the time of sale to protect their bags from
scratches at home and when traveling.
ISSUE:
What is the proper classification of the protective pouch
under the HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRI), taken in order. GRI 5(a)
states that:
Camera cases, musical instrument cases, gun cases, drawing
instrument cases, necklace cases and similar containers,
specially shaped or fitted to contain a specific article or
set of articles, suitable for long-term use and entered with
the articles for which they are intended, shall be
classified with such articles when of a kind normally sold
-2-
therewith. This rule does not, however, apply to containers
which give the whole its essential character.
The subject merchandise does not meet the above-mentioned
criteria. Specifically, the protective pouch is not specially
shaped or fitted to contain any particular article. The pouch is
simply a generic rectangular holder capable of carrying various
items.
Heading 4202, HTSUSA, provides for vanity cases...musical
instrument cases, gun cases, holsters and similar containers.
The instant pouch does not resemble these items; it is not worn
or carried outside of the body.
Heading 6307, HTSUSA, provides for other made up articles of
textile fabric, not otherwise provided for in the tariff. The
instant pouch, if not classifiable elsewhere, would be classified
under this heading.
HOLDING:
The merchandise in issue is classifiable under subheading
6307.90.9050, HTSUSA, which provides for other made up articles
of textile, other, other. The applicable rate of duty is 7
percent ad valorem.
Pursuant to your request, the submitted sample will be
returned to your office.
Sincerely,
John Durant, Director
Commercial Rulings Division