CLA-2 RR:TC:TE 960403 jb
Margaret A. Adams
Eastport Customs Brokers, Inc.
732 Thimble Shoals Blvd, Suite 302A
Newport News, VA 23606
RE: Classification of wine bottle bag; durable construction;
storage and protection; heading 4202, HTSUS
Dear Ms. Adams:
This is in response to your letter, dated April 26, 1996, on
behalf of your client, C & F Enterprises, Inc., regarding the
classification of a textile wine bottle bag with a cord and
tassel closure 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 consists of a textile bag or sack with
a cord and tassel closure, constructed of a number of layers as
discussed below. Based on a Customs laboratory report, the
exterior surface of the bag is made of a woven cotton velveteen
fabric (pile fabric) weighing approximately 284.8 grams per
square meter. The lower two thirds of the bag is lined with an
inner layer consisting of a plain woven cotton fabric, and the
upper one third of the bag is lined with a second layer of cotton
velveteen fabric in a contrasting color. The upper layer of
cotton velveteen fabric is designed to be folded down to expose
the contrasting colored velveteen lining . In addition to its
decorative effect, the contrasting velveteen lining provides
substantial cushioning to protect the bottle from breakage when
being transported. Two highly decorative gold cords (made of
multi-ply cabled yarn) with tassels at both ends are sewn into
the seam of the bottle bag.
You state that the bag will be imported unfilled and will be
marketed as a decorative gift item.
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.
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.
The subject merchandise is designed to suit the needs of the
bottle(s) it will carry . The dimensions of the bag comfortably
fit over most wine bottles and the cord, in the closed position,
is strategically located at the neck of the bottle to allow the
bag to be closed with ease. The pile fabric construction also
provides an added cushion of protection for the wine bottle in
the event of any sudden blows to the bottle encased therein. The
sturdy construction of the bag thus ensures not only the
repetitive use of the "wine bag", but that it will also be used
as a decorative and "protective packing" for the bottles it will
transport.
It is clear that the subject merchandise is of a strong and
durable construction. The purpose of the bag therefore becomes
to 1) provide protection against breakage of the bottle;
2) 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 bag 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 bag the type of article provided for under heading 4202,
HTSUS.
HOLDING:
The subject merchandise is properly classified in subheading
4202.92.6090, 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: of cotton; other. The applicable
rate of duty is 6.9 percent ad valorem and the quota category is
369.
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