CLA-2 CO:R:C:G 085493 CMR
Patrick Gill, Esq.
Rode & Qualey
295 Madison Avenue
New York, New York 10017
RE: Reconsideration of HRL 084519 of May 18, 1989
Dear Mr. Gill:
This ruling is in response to your submission of May 26, 1989,
requesting reconsideration of HRL 084519 of May 18, 1989. In that
ruling, Customs classified cotton money bags under subheading
6305.20.0000, HTSUSA, which provides for sacks and bags, of a kind
used for the packing of goods.
FACTS:
The merchandise at issue is a 100 percent cotton bag measuring
approximately 18" by 12" and open at one end. It is manufactured in
the People's Republic of China and is used by banks for transporting
coins, checks and currency.
NYRL 836656 of March 1, 1989, classified the money bag in
subheading 4202.92.6000, HTSUSA, which provides for trunks,
suitcases, vanity cases, etc., and similar containers, other, other,
of cotton. In HRL 084519 of May 18, 1989, Customs reconsidered the
classification decision in NYRL 836656. It was determined that that
ruling was in error and that the correct classification of the
subject money bag was subheading 6305.20.0000, HTSUSA, which provides
for sacks and bags, of a kind used for the packing of goods, of
cotton.
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You are requesting that Customs reconsider HRL 084519, claiming
that the money bag should be classified in subheading 6307.90.90,
HTSUSA, as an other made up article, other.
ISSUE:
Was the subject money bag properly classified in HRL 084519 in
subheading 6305.20.0000, HTSUSA, as a cotton sack or bag, of a kind
used for the packing of goods?
LAW AND ANALYSIS:
We have reviewed your submission, as well as your previous
submissions, regarding the classification of the subject money bag.
Your most recent submission failed to add anything new to your
argument. We find no basis for concluding that the classification of
the money bag in HRL 084519 is incorrect.
While you are correct that the Explanatory Notes, which are the
official interpretation of the HTSUS at the international level, are
not legally binding, they do provide guidance in the classification
of merchandise. Indeed, you relied heavily on the Explanatory Notes
in your submission of May 5, 1989, when arguing that heading 4202 was
not the correct heading for the classification of the money bag.
Although the article at issue may have been classified in the
Tariff Schedules of the United States in an item number that did not
carry a quota category, the Harmonized Tariff Schedule of the United
States is a different tariff system. Customs and importers must
expect that some changes are bound to occur in converting from one
system to another.
HOLDING:
The cotton money bag at issue was properly classified in HRL
084519 in subheading 6305.20.0000, HTSUSA, as a cotton sack or bag,
of a kind used for the packing of goods.
The designated textile and apparel category may be subdivided
into parts. If so, the 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
-3-
information available, we suggest 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
updated weekly and is available for inspection at your 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 your local Customs office
prior to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
Harvey B. Fox
Director, Office of
Regulations and Rulings
6cc: Area Director, New York Seaport
1cc: CITA
1cc: Legal Reference Section
1cc: Phil Robins