CLA-2 RR:TC:TE 960367 jb
Robert Dorf
Kuehne & Nagel, Inc.
10 Exchange Place, 19th Floor
Jersey City, NJ 07302
RE: Classification of cooler sack imported with a bottle of
champagne; durable construction;
storage and protection; heading 4202, HTSUS
Dear Mr. Dorf:
This is in response to your letter, dated July 5, 1996, on
behalf of your client, Remy Amerique, Inc., regarding the
classification of a drawstring cooler sack under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA). We
regret the delay in responding to your inquiry. A sample was
submitted to this office for examination.
FACTS:
The submitted sample is a drawstring sack consisting of
various layers of materials:
a. the exterior of the bag is constructed of a plain woven
filament nylon fabric;
b. the next layer is constructed of a man-made fiber for
insulation;
c. the last layer is composed of two layers of plastic
sheeting combined with a glass fiber scrim;
d. the innermost layer of plastic is metalized with
aluminum.
The sack measures approximately 13-1/2 inches in length and
features a rounded bottom measuring approximately 3-1/2 inches in
diameter, a drawstring closure approximately 4 inches from the
top of the sack, and a logo at the face of the sack with the
words "Maison fondee en 1785, PIPER-HEIDSIECK CHAMPAGNE, Reims-France". It is clear from the design of the sack that the
drawstring closure is strategically located at the neck of the
bottle to allow the bag to be closed with ease. You state that
these sacks are manufactured in China and will be shipped to
France where they will be packed with champagne bottles.
ISSUE:
What is the proper classification for the subject
merchandise?
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is in accordance
with the General Rules of Interpretation (GRI). GRI 1 provides
that classification shall be determined according to the rules of
the headings and any relative section or chapter notes, taken in
order. Merchandise that cannot be classified in accordance with
GRI 1 is to be classified in accordance with subsequent GRI.
GRI 5 states:
a. Camera cases, musical instruments, gun cases, drawing
instrument cases, necklace cases and similar
containers, specifically 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;
b. Subject to the provisions of rule 5(a) above, packing
materials and packing containers entered with the goods
therein shall be classified with the goods if they are
of a kind normally used for packing such goods.
However, this provision is not binding when such
packing materials or packing containers are clearly
suitable for repetitive use.
The subject sack is not classifiable with the champagne
bottle because the sack does not meet all of the criteria set out
by GRI 5. Although the subject sack is fitted and provides
protection for the champagne bottle it is not of a kind normally
sold with champagne bottles and thus does not meet the criteria
set out in GRI 5(a). Additionally, the sack is not the "usual"
type of packing for the champagne. The sturdy construction of
the sack ensures that it will be used as "protective packing" not
only for the present champagne bottle, but also for any future
wine purchases. Furthermore, the insulated design assures that
the sack serves another purpose, i.e., to keep any bottle at an
optimum temperature. As such, the sack is intended for
repetitive use- a criteria clearly excepted by GRI 5(b).
Accordingly, the sack and champagne bottle are separately
classified.
Heading 4202, HTSUS, provides for, trunks, suitcases, vanity
cases, attache cases, briefcases, school satchels, spectacle
cases, binocular cases, camera cases, musical instrument cases,
gun cases, holsters and similar containers; traveling bags,
toiletry bags, knapsacks and backpacks, handbags, shopping bags,
wallets, purses, map cases, cigarette cases, tobacco pouches,
tool bags, sports bags, bottle cases, jewelry boxes, powder
cases, cutlery 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. (Emphasis
added). In Totes, Inc., v. United States, 18 C.I.T. 919, 865 F.
Supp. 867, 871 (1994), the Court of International Trade concluded
that the "essential characteristics and purpose of Heading 4202
exemplars are...to organize, store, protect and carry various
items." The Court also ruled that by virtue of ejusdem generis
the residual provision for "similar containers" in heading 4202,
HTSUS, is to be broadly construed.
It is clear that the subject merchandise is of a strong and
durable construction. The purpose of the sack therefore becomes
to 1) provide protection against breakage of the bottle;
2) insulate the bottle and keep it at a desired temperature; 3)
secure a means by which to carry the bottle. We also note that
"bottle cases" are specifically enumerated in heading 4202,
HTSUS. Although the subject sack is not a "case", it does share
the fundamental characteristics attributable to the cases, that
is, as it relates to storage and protection. As such, these
protective, storage and organizational properties clearly make
the sack the type of article provided for under 4202, HTSUS.
HOLDING:
The subject merchandise is properly classified in subheading
4202.92.9025, HTSUSA, which provides for, trunks, suitcases,
vanity cases, attache cases, briefcases, school satchels,
spectacle cases, binocular cases, camera cases, musical
instrument cases, gun cases, holsters and similar containers;
traveling bags, toiletry bags, knapsacks and backpacks, handbags,
shopping bags, wallets, purses, map cases, cigarette cases,
tobacco pouches, tool bags, sports bags, bottle cases, jewelry
boxes, powder cases, cutlery 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:
other: with outer surface of sheeting of plastic or of textile
materials: other: other: with outer surface of textile materials:
other: of man-made fibers. The applicable rate of duty is 19.3
percent ad valorem and the 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 subject to frequent negotiations and
changes, we suggest that your client 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, your client 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
Tariff Classification Appeals
Division