CLA-2 CO:R:C:G 085961 NLP
Peter J. Fitch, Esq.
Fitch, King & Caffentzis
116 John Street
New York, N.Y. 10038
RE: Textile Pouches
Dear Mr. Fitch:
This is in response to your letter of November 6, 1989,
requesting a tariff classification of textile pouches, imported
from Taiwan, under the Harmonized Tariff Schedule of the United
States (HTSUS). Samples were submitted for our examination.
FACTS:
The sample pouches are approximately 13 to 15 inches in
length and 7 to 7-1/2 inches in width. Some of the pouches are
constructed of man-made fibers which are flocked, while other
pouches are woven without flocking. All of the pouches have
draw-string top closures. The pouches are distributed to shoe
retailers and are used to hold new shoes when they are sold to
purchasers. They are also distributed to hotels, where they are
used to hold shoes being returned to guests after polishing.
ISSUES:
What is the classification of the textile pouches under the
HTSUS?
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the
General Rules of Interpretation (GRI's), taken in order. GRI 1
provides that classification is determined first in accordance
with the terms of the headings of the tariff and any relevant
section and chapter notes.
-2-
Heading 4202, HTSUS, provides for, inter alia, travel,
sports and similar bags. Additional U.S. Note 1 to Chapter 42
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, but does not include binocular cases,
camera cases, musical instrument cases, bottle cases and
similar containers.
While the pouch can be used to protect shoes when traveling, it
does not appear to be designed for use as a traveling bag, nor
does it appear to be offered or sold as such. The pouches appear
to be of a type that will be used for the temporary storage of
shoes, after purchase or servicing, until they are used.
Therefore, the instant pouches are not the type of merchandise
properly classifiable in Heading 4202, HTSUS.
Heading 6307, HTSUS, provides for other made up textile
articles. The Explanatory Notes for Heading 6307, HTSUS, state
the following:
"This heading covers made up articles of any textile
material which are not included more specifically in other
headings of Section XI or elsewhere in the Nomenclature.
It includes, in particular:
* * *
(5) Domestic laundry or shoe bags, stocking, handkerchief,
or slipper sachets, pajama or nightdress cases and similar
articles."
Based on prior rulings, it is Customs position that the
instant pouches are classifiable in Heading 6307, HTSUS. For
instance, Headquarters Ruling Letter (HRL) 084257, dated July 18,
1989, dealt with the HTSUS classification of golf shoes imported
with a textile drawstring pouch that was designed to store the
shoes in the shoe box when sold to the customer. The ruling held
that the textile pouch was classifiable in subheading
6307.90.9030, HTSUS, which provides for made up articles: other:
other, other.
-3-
HRL 085380, dated November 24, 1989, dealt with the HTSUS
classification of a handbag imported with a textile drawstring
pouch. The pouch was given to customers at the time of sale to
store and protect the handbag when it was not being used. The
ruling held that the pouch was not classifiable in Heading
4202, HTSUS, which provides for, inter alia, vanity cases...
musical instrument cases, gun cases, holsters and similar
containers, because the pouch did not resemble those items and it
was not worn or carried outside the body. The pouch was
classified in subheading 6307.90.9050, HTSUS which provides for
other made up articles: other: other, other.
Finally, HRL 086116, dated December 15, 1989, dealt with the
HTSUS classification of pouches made of man-made textile
materials. These pouches were of various sizes and shapes and
were designed to hold purchases of jewelry or pens. The pouches
were given to customers when the goods were purchased. They
would be used to carry the purchase home from the store but would
not normally be used subsequently to carry the articles. These
pouches were also held to be classifiable in subheading
6307.90.9050, HTSUS.
The instant pouches are similar to the above pouches in that
they are also made of textile material and are designed to be
given to consumers at the time they purchase certain articles.
In addition, like the pouch in HRL 085380, this pouch can be used
by consumers to store and protect the purchased articles at home.
Thus, the instant pouches are classifiable, in accordance with
the above rulings, in Heading 6307, HTSUS.
HOLDING:
The textile pouches are classifiable under subheading
6307.90.9050, HTSUS, which provides for other made up articles:
other: other, other. The rate of duty is 7 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division