CLA-2 CO:R:C:T 956661 BC
John R. Bissell
Venturi, Inc.
1757 Park Drive
Traverse City, MI 49684
RE: Revocation of DD 896054; classification of a textile
drawstring pouch imported with a handheld mirror inside;
composite good; GRI 3(b); essential character; quota; sets
Dear Mr. Bissell:
This responds to your letter of June 15, 1994, wherein you
requested, in effect, a reconsideration of District (Director)
Ruling (DD) 896054, which classified the article your company
imports: a textile drawstring pouch with a handheld glass mirror
inside. We have reviewed the matter and our decision follows.
FACTS:
The merchandise at issue are cotton textile drawstring
pouches that are imported with handheld glass mirrors inside. In
DD 896054, issued on April 19, 1994, by the District Director of
Customs at Ogdensburg, New York, Customs classified the pouches
separately from the mirrors in subheading 4202.92.1500,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). This tariff provision imposes a quota restriction,
requiring a visa for proper entry of the merchandise. You now
request from Headquarters a review of that ruling. Your
particular concern is the classification of the pouches.
ISSUE:
What is the proper classification for the subject drawstring
textile pouches imported with handheld mirrors inside?
LAW AND ANALYSIS:
There is no dispute as to the classification of the mirrors
in subheading 7009.92.1000, HTSUSA. The question is whether the
pouches should be classified separately from the mirrors.
In some circumstances, a drawstring pouch can be classified
with the article it encloses. In HRL 086343, we classified a
windbreaker enclosed in a drawstring pouch as a composite good on
the grounds that the pouch was intended to be used as a
carrying/storing case for the windbreaker. We concluded that the
essential character of the composite good was imparted by the
windbreaker. Thus, the carrying bag was classified with the
windbreaker. In HRL 087280, we classified a poncho enclosed in a
drawstring pouch as a composite good on the grounds that the
pouch was intended to be used as a carrying/storing case for the
poncho. We held that the essential character of the composite
good was imparted by the poncho. Thus, the carrying bag was
classified with the poncho. In HRL 953605, we classified plastic
blocks enclosed in a textile drawstring pouch as a composite good
on the grounds that the pouch was intended to provide a
carrying/storing case for the blocks. The essential character of
the good was imparted by the blocks. Thus, the pouch was
classified with the blocks.
In each of the above cases, classification of the drawstring
pouch/bag with the article it enclosed was based on General Rule
of Interpretation (GRI) 3(b), which provides, in pertinent part,
as follows (see HTSUSA, p. 1):
3. When, by application of rule 2(b) [pertaining to
goods consisting of more than one material or
substance] or for any other reason, goods are, prima
facie, classifiable under two or more headings,
classification shall be effected as follows:
* * *
(b) 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 . . .
Since, in the above cited cases, the articles enclosed in the
drawstring pouches/bags imparted the essential character to the
entire composite good (comprising both the pouch/bag and the
article enclosed therein), both the pouch/bag and the enclosed
article were classified under the tariff provision applicable to
the enclosed article.
We conclude that the drawstring pouch at issue here should
be classified with the mirror it encloses, since the pouch
appears intended to be used as a carrying/storing container for
the mirror. The mirror imparts essential character to the entire
composite article. Therefore, by application of GRI 3(b), the
pouch is classifiable along with the mirror in subheading
7009.92.1000, HTSUSA.
The above classification decision bears on the matter of the
quota. When classifying a composite good under GRI 3(b) (as
opposed to a set), the quota that applies to the component that
imparts essential character is the only quota that is applied to
the entire article, even if other components would be subject to
quota if entered separately. (See HRL 954073, September 23,
1993, and HRL 954337, October 25, 1993.) Here, the mirror
imparts essential character. Since there is no quota applicable
to the mirror, there is no quota applicable to the entire
article; any quota applicable to the textile pouch (if it were to
be classifiable, when imported separately, under a tariff
provision that imposes a quota) would not be applicable. (With a
set involving textiles and/or textile products, any textile
quotas applicable to any components of the set still apply,
regardless of which component imparts essential character. See
HRL's 085521 (June 6, 1990) and 953064 (February 25, 1993).)
You suggested in your letter that GRI 5(a) should apply to
the pouch at issue. Under GRI 5(a), which provides as follows, a
container enclosing an article is classified, in certain
circumstances, with the article:
5. In addition to the foregoing provisions, the
following rules shall apply in respect of the goods
referred to therein:
(a) Camera cases, musical instrument cases,
gun cases, drawing instrument cases, necklace
cases and similar containers, specially
shaped or fitted to contain a specific
article or set of articles, suitable for
long-term use and entered with the articles
for which they are intended, shall be
classified with such articles when of a kind
normally sold therewith. This rule does not,
however, apply to containers which give the
whole its essential character.
The pouch at issue does not fall within the ambit of GRI 5(a)
because it is not specially shaped or fitted to contain a
specific article. Its shape does not precisely follow the
contour of the mirror; nor are there any special features which
provide a special fit for the mirror. Consequently, GRI 5(a) is
inapplicable.
(For your information, we have classified textile drawstring
pouches of the kind at issue, when imported separately, in
heading 6307, HTSUSA.)
HOLDING:
The subject drawstring textile pouch and handheld mirror,
imported together with the mirror enclosed within the pouch, are
classified in subheading 7009.92.1000, HTSUSA. This tariff
provision is not subject to quota restrictions.
Accordingly, DD 896054 is hereby revoked.
In accordance with section 625, this ruling will become
effective 60 days from its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to section 625 does
not constitute a change of practice or position in accordance
with section 625 does not constitute a change of practice or
position in accordance with section 177.10(c)(1), Customs
Regulations (19 CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Commercial Rulings Division