CLA-2 CO:R:C:T 954298 CC
Thomas E. Miller
Elaine M. Miller
1961 Radcliffe Drive-North
Clearwater, FL 34623
RE: Classification of a sportsman vest, travel shoulder bag,
travel pouches, holster, and clip pouch; other garments,
Heading 6211; travel, sports and similar bags; subheading
4202.92
Dear Mr. and Mrs. Miller:
This letter is in response to your request for the tariff
classification of a sportsman vest, travel shoulder bag and
various pouches. Samples were submitted for examination.
FACTS:
Five samples were submitted for classification, designated
as styles S-2, FV-1, F-8C, F-8D, and T-1. You state that you are
unsure of what materials these articles are made.
Item S-2, described as a "travel/sportsman vest," is made of
a woven textile material. The vest has a zippered front closure
and contains no padding. The upper portion of the front of the
vest contains 6 small pockets with velcro closure. Two large
pockets with a zipper closure are located near the bottom of the
front of the vest. All of the pockets are made of corduroy
material.
Item FV-1 is a travel pouch that measures approximately 6
inches by 9 inches and is designed to be worn on a belt. It
contains two small pockets on its front, one with a snap closure
and the other with a zipper closure. It is made of corduroy
fabric with man-made fiber trim.
Item F-8C, designated as a belt clip holder pouch, measures
approximately 4-1/2 inches by 7 inches and is designed to be worn
on a belt. It is made of corduroy fabric with man-made fiber
trim.
Item F-8D, designated as a hand weapon pouch, is a holster
for a pistol. It measures approximately 6 inches by 9 inches and
is designed to be worn on a belt. It is made of a man-made
textile material with corduroy pocket trim.
Item T-1 is described as a travel shoulder bag with handle.
It measures approximately 9 inches by 10 inches and is made of
corduroy fabric with man-made textile trim. The travel bag has a
shoulder strap and a removable, matching spectacle case affixed
to the flap.
ISSUE:
What is the classification of the merchandise at issue under
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 6201, HTSUSA, provides for, among other articles,
windbreakers and similar articles (including padded, sleeveless
jackets). The Harmonized Commodity Description and Coding
System, Explanatory Notes, the official interpretation of the
HTSUSA at the international level, to Heading 6101, which by
reference provides for Heading 6201, states at page 831 that this
heading covers garments "characterized by the fact that they are
generally worn over all other clothing for protection against the
weather." The vest at issue does not provide protection against
the weather. It has no padding and is worn primarily for the
pockets' utilitarian functions. (See Headquarters Ruling Letter
(HRL) 089178 of August 8, 1991 and HRL 085966 of March 2, 1990 in
which fishing vests were disqualified from Heading 6201.)
Consequently, the vest at issue is not classifiable in Heading
6201. Instead, it is classifiable in Heading 6211, HTSUSA, which
provides for other garments.
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.
Item FV-1 is a pouch designed for carrying personal effects
during travel. Consequently, this item is classified under
subheading 4202.92.
Item F-8D, the hand weapon pouch, is similar to a holster;
item F-8C, 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 4202.92.60 or 4202.92.90.
Item T-1 is a travel shoulder bag that contains a removable
spectacle case. The travel shoulder bag is classifiable under
subheading 4202.92. The spectacle case is classifiable under
subheading 4202.32, which provides for articles of a kind
normally carried in the pocket or in the handbag. Therefore
style T-1 is classifiable under two different 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 Explanatory Notes 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 case is removable and could be sold and used
separately from the travel bag. 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.
Style T-1 meets all three requirements above for
classification as a set. The travel shoulder bag makes up the
bulk of this merchandise, while the spectacle case makes up only
a small part of this merchandise. The travel shoulder bag
clearly imparts the essential character to this merchandise.
Consequently, style T-1 is also classified under subheading
4202.92.
All of the submitted articles contain two materials:
corduroy, which is composed of cotton or man-made fibers, and
another textile fabric. In application of GRI 3(b), these
articles are classified at the subheading level, either of cotton
or of man-made fibers, according to which material imparts the
essential character. For items FV-1, F-8C, and T-1, the corduroy
imparts the essential character. For item S-2 the woven textile
material imparts the essential character. For item F-8D, the
man-made material imparts the essential character.
HOLDING:
Item S-2, the sportsman vest, if classified as of cotton, is
classified under subheading 6211.32.0070, HTSUSA, which provides
for other garments, men's or boys', of cotton, vests, dutiable at
a rate of 8.6 percent ad valorem and subject to textile category
359. If classified as of man-made fibers, this item is
classified under subheading 6211.33.0054, HTSUSA, which provides
for other garments, men's or boys', of man-made fibers, vests,
other, dutiable at a rate of 17 percent ad valorem and subject to
textile category 659.
Item F-8C, the belt clip holder pouch, if classified as of
cotton, is classified under subheading 4202.92.6090, HTSUSA,
which provides for articles of Heading 4202, other, with outer
surface of sheeting of plastic or of textile materials, other,
other, of cotton, other, dutiable at a rate of 7.2 percent ad
valorem and subject to textile category 369. If classified as of
man-made fibers this item is 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,
dutiable at a rate of 20 percent ad valorem and subject to
textile category 670.
Item F-8D, the hand weapon pouch, is essentially of man-
made fibers and is classified under subheading 4202.92.9025,
HTSUSA, dutiable at 20 percent ad valorem and subject to textile
category 670.
Items FV-1, the travel pouch, and T-1, the shoulder bag, if
classified as of cotton, are classified under subheading
4202.92.3015, HTSUSA, which provides for travel, sports and
similar bags, with outer surface of textile materials, other,
other, of cotton, dutiable at rate of 20 percent ad valorem, with
item FV-1 being subject to textile category 369. If classified
as of man-made fibers, these articles 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, dutiable at a rate of 20
percent ad valorem, with item FV-1 being subject to textile
category 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 item T-1 as a
set, when imported as such, does not affect the visa and quota
requirements applicable to each article separately. Thus, item
T-1 is subject to textile category numbers as if the pouches were
separately classified. The spectacle case, if separately
classified, would be classifiable under subheading 4202.32.9530,
HTSUSA, if of cotton, and therefore would be subject to textile
category 369, or would be classifiable under subheading
4202.32.9550, HTSUSA, if of man-made fibers, and therefore would
be subject to textile category 670. The travel bag, if
separately classified, would be classifiable under subheading
4202.92.3015, HTSUSA, if of cotton, and therefore would be
subject to textile category 369, or would be classifiable under
subheading 4202.92.3030, HTSUSA, if of man-made fibers, and
therefore would be 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
Commercial Rulings Division