CLA-2 CO:R:C:T 954288 CC
Thomas E. Miller
Elaine M. Miller
1961 Radcliffe Drive-North
Clearwater, FL 34623
RE: Classification of textile pouches affixed to a belt; travel,
sports and similar bags; subheading 4202.92, HTSUSA
Dear Mr. and Mrs. Miller:
This letter is in response to your request for the tariff
classification of several items consisting of textile pouches
affixed to a belt. Samples were submitted for examination.
FACTS:
Five samples were submitted for classification, designated
as styles F-SND, F-7, F-8A, F-8B, and F-10. This merchandise is
commonly known as "fanny packs" or "belly bags." Each of these
samples is a series of pouches affixed to a belt, which measures
approximately 3 inches wide. Some of the pouches have a zipper
closure and others have a snap closure. You state that you are
unsure of what materials these articles are made. An examination
shows that this merchandise appears to be made of a man-made
textile covering, while certain components, such as the pockets,
are made of corduroy material. Style F-SND contains a series of
travel pouches. Styles F-7 and F-10 have a removable spectacle
case in addition to the travel pouches. These spectacle cases
are attached by snaps and are made of the same material as the
pouches. Styles F-8A and F-8B contain a "hand weapon pouch" and
a "clip holder pouch." You state that these articles are for
travelers or sportsmen.
ISSUE:
Whether the merchandise at issue is classifiable as travel,
sports and similar bags in Heading 4202 of the Harmonized Tariff
Schedule of the United States Annotated (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 shall be
determined according to the terms of the headings and any
relative section or chapter notes.
Heading 4202, HTSUSA, provides for traveling bags, sporting
bags and similar containers, among other articles. Subheading
4202.92, HTSUSA, includes travel, sports and similar bags with an
outer surface of textile materials. Additional U.S. Note 1 to
Chapter 42 states the following:
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.
Style F-SND is designed for carrying personal effects during
travel. In addition, in Headquarters Ruling Letter (HRL) 083800,
dated June 13, 1989, we ruled that similar merchandise, commonly
known as a "waist bag" or "fanny bag," was classified under
subheading 4202.92 as a travel, sports and similar bag.
Consequently, Style F-SND is classified as a travel, sports and
similar bag under subheading 4202.92.
Styles F-8A and F-8B both contain a hand weapon pouch and a
belt clip holder pouch. The hand weapon pouch is similar to a
holster; the belt clip holder pouch is similar to a cartridge
pouch. These articles are similar to those excluded from
classification as travel, sports and similar bags according to
U.S. Additional Note 1 to Chapter 42. Consequently, these styles
are not classifiable as travel, sports and similar bags and are
instead classifiable under subheading 4202.92.90.
Styles F-7 and F-10 both contain a travel pouch and a
removable spectacle bag. The travel pouches are classifiable
under subheading 4202.92; the spectacle bags are classifiable
under subheading 4202.32, which provides for articles of a kind
normally carried in the pocket or in the handbag. Therefore
styles F-7 and F-10 are classifiable under two subheadings.
GRI 3(b) provides that mixtures, composite goods consisting
of different materials or made up of different components, and
goods put up in sets for retail sale shall be classified as if
they consisted of the material or component which gives them
their essential character. The Harmonized Commodity Description
and Coding System, Explanatory Notes, the official interpretation
of the HTSUSA at the international level, to GRI 3(b) provide
interpretation of the terms essential character, composite goods,
and goods put up in sets for retail sale. With regard to
composite goods they state at page 4 the following:
For the purposes of GRI 3(b), composite goods made
up of different components shall be taken to mean not
only those in which the components are attached to each
other to form a practically inseparable whole but also
those with separable components, provided these
components are adapted one to the other and are
mutually complementary and that together they form a
whole which would not normally be offered for sale in
separate parts.... As a general rule, the components
of these composite goods are put up in a common
packing.
The spectacle cases are removable and could be sold and used
separately from the belt and travel pouches. Consequently, these
articles cannot be considered composite goods.
GRI 3 deals with the classification of goods put up in sets
for retail sale. According to the Explanatory Notes, at page 4,
"goods put up in sets for retail sale" refers to goods which:
(a) consist of at least two different articles which
are, prima facie, classifiable in different
headings;
(b) consist of products or articles put up together to
meet a particular need or carry out a specific
activity; and
(c) are put up in a manner suitable for sale directly
to users without repacking.
The pouches of styles F-7 and F-10 meet all three
requirements above for classification as sets. The belt with the
travel pouches make up the bulk of this merchandise, while the
spectacle cases make up only a small part of this merchandise.
The belt and travel pouches clearly impart the essential
character to this merchandise. Consequently, styles F-7 and F-
10 are also classified under subheading 4202.92.
HOLDING:
Styles F-8A and F-8B are classified under subheading
4202.92.9025, HTSUSA, which provides for articles of Heading
4202, other, with outer surface of sheeting of plastic or of
textile materials, other, other, other, of man-made fibers. The
rate of duty is 20 percent ad valorem, and the textile category
is 670.
Styles F-SND, F-7 and F-10 are classified under subheading
4202.92.3030, HTSUSA, which provides for travel, sports and
similar bags, with outer surface of textile materials, other,
other, of man-made fibers, other. The rate of duty is 20 percent
ad valorem. The textile category for style F-SND is 670.
All applicable visa and quota requirements apply for textile
articles which are classified as parts of a set. See 54 Fed.
Reg. 35,223 (August 24, 1989). This rule applies to all items
which, if imported separately, would have required a visa and the
reporting of quota. Therefore, classification of styles F-7 and
F-10 as sets, when imported as such, does not affect the visa and
quota requirements applicable to each article separately. Thus,
styles F-7 and F-10 are subject to textile category numbers as if
the pouches were separately classified. The spectacle pouches,
if separately classified, would be classifiable under subheading
4202.32.9550, HTSUSA, and therefore are subject to textile
category 670. The travel pouches, if separately classified,
would be classifiable under subheading 4202.92.3030, HTSUSA, and
therefore are subject to textile category 670.
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
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
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.
Sincerely,
John Durant, Director