CLA-2 CO:R:C:T 956719 ch
Lisa Baer
Expeditors International of Washington, Inc.
601 N. Nash Street
El Segundo, California 90245
RE: Revocation of New York Ruling Letter 898129; Tariff
Classification of Nylon and Polyester Drawstring Bags
from Hong Kong.
Dear Ms. Baer:
New York Ruling Letter (NYRL) 898129, dated May 24, 1994,
concerned the classification of two drawstring bags composed of
man-made fibers under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). We have had occasion to review
this ruling and find that the classification of these articles
under subheading 6307.90.9986, HTSUSA, is in error.
FACTS:
The submitted samples are two bags which are described as
Part #55-139 and Part #55-190. Part #55-139 is made of 100
percent nylon woven fabric. It measures approximately 21 inches
by 19 1/2 inches wide and possesses a drawstring closure.
Printed on one side are the legends "Magma," "Marine Cuisine" and
a design.
Part #55-190 is a bag composed of 100 percent polyester
woven fabric. It measures approximately 20 3/4 inches long by 19
1/4 inches wide and features a drawstring closure. Printed on
one side are the legends, "Magma", "Marine Cuisine" and a design.
In a letter dated May 18, 1994, you state that the
drawstring bags are designed to fit over the cover of a standard
barbecue when the barbecue is not in use. Descriptive literature
indicates that the bags are designed to hold and carry a portable
and space efficient gas barbecue for use on boats.
In NYRL 898129, the subject merchandise was classified in
subheading 6307.90.9986, HTSUSA, which provides for other made up
textile articles. However, in NYRL 899257 a nylon drawstring bag
which appears to be identical to Part #55-139 was classified in
subheading 4202.92.3030, HTSUSA, which provides in pertinent part
for travel bags of man-made fibers.
ISSUE:
Whether the drawstring bags are classifiable in subheading
6307.90.9986, HTSUSA, which provides for other made up textile
articles; or subheading 4202.92.3030, HTSUSA, which provides in
part for travel bags of man-made fibers?
LAW AND ANALYSIS:
Subheading 4202.92, HTSUSA, provides for travel, sports and
similar bags of textile materials. Chapter 42, Additional U.S.
Note 1, 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.
The drawstring bags may be used a means to carry the components
of a barbecue designed specifically for use on a boat. We regard
the barbecue as a "personal effect" in the sense that it is
privately owned movable property. As the drawstring bags are
designed for carrying personal effects, they are prima facie
classifiable as a travel bag in subheading 4202.92, HTSUSA.
Heading 6307, HTSUSA, provides for other textile articles
not more specifically described elsewhere in the tariff schedule.
The Explanatory Notes (EN) to heading 6307 state in pertinent
part, at page 867, that the provision includes:
(5) Domestic laundry or shoe bags, stocking,
handkerchief or slipper sachets, pyjama or
nightdress cases and similar articles.
(6) Garment bags (portable wardrobes) other than
those of heading 42.02.
In addition, the EN to heading 6307, at page 868, state that the
heading excludes "travel goods (suit-cases, rucksacks, etc.),
shopping-bags, toilet-cases, etc., and all similar containers of
heading 42.02."
The foregoing EN indicate that travel containers of heading
4202, HTSUSA, are excluded from heading 6307. Moreover, the
exemplars cited as examples of bags classifiable within heading
6307 suggest that certain storage bags are excluded from heading
4202. In this case, the drawstring bags may be used to store the
barbecue when not in use. Consequently, they are prima facie
classifiable in heading 6307.
In practice, the distinction between travel and storage bags
is often difficult to apply. For example, garment bags, shoe
bags and similar bags may be principally used for either storage
or travel depending upon their construction or design.
Furthermore, heading 4202 is not limited to containers used for
travel purposes. For example, jewelry boxes are classifiable
under heading 4202, despite the fact that they are principally
used to store and/or display their contents. Other containers of
heading 4202, including cutlery cases, cigarette cases and
similar cases, may principally be used for storage purposes,
depending upon their construction.
In the past, we have concluded that drawstring bags of
insubstantial construction, which are not specially shaped or
fitted to contain specific merchandise, are not similar to the
containers enumerated in heading 4202. See HRL 950257, dated
November 29, 1991; HRL 088411, dated April 23, 1991. In this
instance, however, the bags are composed of durable man-made
fibers and are suitable for use over a prolonged period of time.
Moreover, the bags appear to be shaped to fit the outline of the
barbecue cover. Consequently, there are no physical
characteristics which preclude the classification of these
articles in heading 4202, HTSUSA. In addition, the marketing
material in our possession suggests that the bags are designed to
carry and protect the barbecue components while traveling on a
boat. Therefore, based on the foregoing, we conclude that
Part #55-139 and Part #55-190 are classifiable as travel bags of
subheading 4202.92, HTSUSA.
HOLDING:
NYRL 898129 is hereby revoked.
The subject merchandise is classifiable under subheading
4202.92.3030, HTSUSA, which provides in pertinent part for
travel, sports and similar bags: with outer surface of textile
materials: other, other: of man-made fibers. The applicable
rate of duty is 20 percent ad valorem. The textile quota
category is 670.
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 the subject of frequent negotiations 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at the 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 the local
Customs office prior to importing the merchandise to determine
the current status of any import restraints or requirements.
Sincerely,
John Durant, Director