CLA-2 CO:R:C:G 087419 SLR
Mr. Marty Langtry
Castelazo & Associates
5420 West 104th St.
Los Angeles, CA 90045
RE: Reconsideration of Detroit District Ruling (DD) 850747 of
April 18, 1990; Airlines Amenity Bag; Toiletry Bag
Dear Mr. Langtry:
This ruling is in response to your inquiry of April 23,
1990, on behalf of your client, Mirant Industries, requesting the
reconsideration of DD 850747. In that ruling, the Detroit
District Director classified various airlines amenity bags in
subheading 4202.92.3015, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), the provision for travel, sports and
similar bags. A sample was submitted for our examination.
FACTS:
The submitted sample is a pouch made of 100 percent corduroy
measuring approximately 6-1/2" X 5-1/2". It has a top nylon coil
zipper and is lined with PVC plastic sheeting. A 3/4" wide strip
of PVC extends horizontally across the front of the pouch upon
which reads "Classe Affaires Canadian Business Class." The pouch
is imported empty, filled with various toiletry articles, then
distributed by airlines to their passengers.
In your letter, you maintain that the pouch is more properly
classifiable in subheading 4202.32.9530, HTSUSA, the provision
for articles of a kind normally carried in the pocket or in the
handbag. You note that the pouch was designed to be placed in
another bag, has no straps or handles, and is awkward for a
person to carry by itself for any period of time. You cite
several New York Ruling Letters wherein cosmetic pouches were
classified in subheading 4202.32, HTSUSA.
-2-
ISSUE:
Is the subject pouch classifiable as a travel, sports or
similar bag in subheading 4202.92.3015, HTSUSA, or as an article
of a kind normally carried in the pocket or in the handbag in
subheading 4202.32.9530, HTSUSA?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.
Heading 4202 provides for, among other articles, traveling
bags, toiletry bags, and similar containers. The instant pouch
resembles a toiletry bag or a doppkit. Consequently, it
qualifies as a "similar container" within the purview of this
heading.
Subheadings 4202.31 through 4202.39, HTSUSA, provide for
articles of a kind normally carried in the pocket or in the
handbag. The Explanatory Notes, which represent the official
interpretation of the tariff at the international level, indicate
that subheadings 4202.31, 4202.32, and 4202.39 include such items
as spectacle cases, note-cases (bill-folds), wallets, purses,
key-cases, cigarette-cases, cigar-cases, pipe-cases and
tobacco-pouches.
Subheading 4202.92.3015, HTSUSA, provides for travel, sports
and similar bags. U.S. Additional Note 1 to Chapter 42 indicates
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....
In cases such as the one at hand, a fine line separates a
4202.92.3015 classification from a 4202.32.9530 designation.
The style and design of the subject pouch, nonetheless, suggest
that it was intended to be a travel bag for the convenience of
the passenger, not as an accessory to a handbag. Consequently,
the pouch is more properly classifiable in subheading
4202.92.3015, HTSUSA.
-3-
HOLDING:
The airlines amenity bag is classifiable in subheading
4202.92.3015, HTSUSA, which provides for travel, sports, and
similar bags, with outer surface of textile materials, other,
other, of cotton, textile category 369, dutiable at 20 percent
ad valorem.
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 renegotiations and
changes, to obtain the most current information available, we
suggest that 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 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.
DD 850747 of April 18, 1990 is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division