CLA-2 RR:TC:TE 960135 DHS
TARIFF NO: 4202.32.9550
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway 43rd Floor
New York, New York 10036-8901
RE: Tariff classification of a drawstring pouch
Dear Ms. Johannessen:
This is in response to a request for reconsideration of New
York Ruling Letter (NY) A88468, dated November 15, 1996, which
classified a drawstring pouch under heading 4202, of the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). You presented this request on behalf of your client,
Marchon Eyewear, Inc.
FACTS:
The sample submitted is a soft eyewear pouch with
drawstring. No style number has been provided. It is
manufactured of a man-made textile material of 50 percent nylon
and 50 percent polyester fibers. The pouch measures
approximately seven inches in height and three inches in width
and has a drawstring closure at the top of the long side. It is
assumed the pouch will be imported empty and not with the
eyewear. The sample provided at the time of rendering NY A88468
did not display any logo. The sample provided to this office
does bear an eyewear brand logo. The purpose of the pouch is to
hold glasses and to provide as a lens cleaner.
You contend that the pouch should be classified in heading
6307, HTSUS, which provides for other made up articles of textile
materials, and not within heading 4202, HTSUSA, which provides
for spectacle cases and similar containers.
ISSUE:
What is the proper classification of the subject
merchandise?
LAW AND ANALYSIS:
Classification under the HTSUSA is governed by the General
Rules of Interpretation (GRI). GRI 1 provides that
classification is determined in accordance with the terms of the
headings and any relative section or chapter notes. In the event
that the goods cannot be classified solely on the basis of GRI 1,
and if the headings and legal notes do not otherwise require, the
remaining GRIs are then applied.
The Explanatory Notes (ENs) to the Harmonized Commodity
Description and Coding System, which represent the official
interpretation of the tariff at the international level,
facilitate classification under the HTSUSA by offering guidance
in understanding the scope of the headings and GRIs.
Heading 4202, HTSUSA, provides, in part, for "[t]runks,
suitcases, vanity cases ... spectacle cases, binocular cases,
camera cases ... and similar containers ... of leather or of
composition leather, of sheeting of plastics, of textile
materials, of vulcanized fiber or of paperboard, or wholly or
mainly covered with such materials or with paper.
Heading 6307, HTSUS, provides for "[o]ther made up articles"
of textile materials.
Drawstring pouches have been classified under both heading
4202, HTSUS and heading 6307, HTSUS. Where a pouch is considered
specially designed to hold an article, and of adequate
construction to be used repeatedly (rather than discarded), it is
classifiable under heading 4202, HTSUS. If it is the kind of
article to be carried in the pocket or handbag, with an outer
surface of textile material, it is classifiable under subheading
4202.32, HTSUSA. Pouches that have been found to fall outside
heading 4202, HTSUS, are those that are considered not specially
designed to hold a particular article and not adequately
constructed for repeated use.
We agree with the holding in NY A88468 that the subject
drawstring pouch is adequately constructed for repeated use. The
dimensions of the pouch make clear that the glasses will be
adequately accommodated therein. Furthermore, the logo which
states that eye glasses are held within and the fabric content
which makes the article suitable for a lens wipe characterize the
article in question as one specially designed to function as a
glass pouch. Similar holdings may be found in HQ 959524, dated
November 4, 1996 and HQ 959525, dated February 4, 1997.
Accordingly, the subject merchandise is properly classified in
subheading 4202.32.9550, HTSUSA, which provides for, among other
things, "Articles of a kind normally carried in the pocket or in
the handbag: With outer surface of sheeting of plastic or of
textile materials: With outer surface of textile materials:
Other: Other, Of man-made fibers".
HOLDING:
The eyewear pouch with drawstring is classified in
subheading 4202.32.9550, HTSUSA, which provides for "Articles of
a kind normally carried in the pocket or in a handbag: With outer
surface ... of textile materials: With outer surface of textile
materials: Other, Other, Of man-made fibers". It is dutiable at
the general rate of duty at 19.3 percent ad valorem, and the
applicable textile 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 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.
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division