• HQ 964539
• Nov 21, 2001

• Type : Classification • HTSUS : 4202.92.3020
•  Related:   963377; 963860; 962450; 961681; 953472; 084717; 082049; 088323; 955714; 951902   

CLA-2-RR:CR:TE 964539 jsj

Ms. Deborah L. Aldinger
Director of Purchasing
Fox Run Craftsmen
P.O. Box 2727
1907 Stout Drive
Ivyland, Pennsylvania 18974

Re: Picnic Backpack; Subheading 4202.92.3020, HTSUSA; General Rules of Interpretation 1 and 3; Sets; “More Than” Doctrine; JVC Company of America v. United States; Style Numbers: 7256 and 7257

Dear Ms. Aldinger:

The purpose of this correspondence is to respond to your request of August 17, 2000, addressed to the National Commodity Specialist Division of the Customs Service. The correspondence in issue requested on behalf of Fox Run Craftsmen a binding classification ruling of the merchandise described as a “picnic backpack.”

This ruling is being issued subsequent to the following: (1) A review of your submission dated August 17, 2000; (2) A review of facsimile correspondence from Mr. John Eaton of Fox Run Craftsmen received September 27, 2000; (3) A review of a report from SGS Hong Kong Ltd. submitted by Mr. Eaton; and (4) An examination of the samples submitted with your request for a binding ruling.

The Customs Service will retain the sample submitted with your ruling request.

FACTS

The articles subject to classification consideration are two “picnic backpacks.” Fox Run Craftsmen designated the initial item style number 7256 and the second item style number 7257.

Picnic Backpack Style Number 7256

“Picnic backpack” style number 7256 measures approximately fifteen (15) inches in height, twelve (12) inches in width and six (6) inches deep. The exterior is composed of a man-made textile fiber coated or covered with polyvinyl chloride that does not obscure the textile fabric. The interior is composed of plastic sheeting.

The backpack has one primary compartment and four pockets, one on the front of the pack, one on the top of the primary compartment and two side pockets. The primary compartment is lined with a one-fourth (1/4) of an inch “spongy” foam insulation. Selected seams, corners and points of attachment are covered with plastic. Item 7256 was accompanied with four settings of flatware, four plates, a combination corkscrew, knife and bottle opener, and a cutting board.

The front pocket is approximately eleven (11) inches in height and eleven (11) inches wide. It is approximately two (2) inches deep and is internally fitted to hold the flatware, plates and corkscrew. It secures closed through the use of a three-quarter wrap-around zipper with two pulls. When fully opened, the front pocket opens outward and lays flat in front of the pack.

The side pockets are the same height and width as the primary compartment. They are approximately two (2) inches in depth and also secure through the use of a three-quarter wrap-around zipper.

The top pocket is the same width and depth as the primary compartment, but is only two and one-half (2 ½) inches in height. It is directly above the primary compartment and secures closed through the use of a three-quarter wrap-around zipper with two pulls. A strap that attaches and detaches on both ends by means of a hook and loop fastener system is located in the center of the top pocket. It is designed to secure the contents of the pocket. The top of the top pocket additionally has a stiff cardboard lining.

The picnic backpack has a handle sewn to the top of the pack. The handle is made of one and one-half (1 ½) inch wide man-made textile webbing with a plastic cover sewn onto the webbing.

The pack also has two adjustable shoulder straps. The straps are two (2) inches wide and contoured to the body of the wearer. They are padded with one-fourth (1/4) of an inch thick dense plastic foam. Plastic clips permanently attached to the bottom aspect of the shoulder pads permit the user to adjust the nylon webbing shoulder strap length. Plastic clips also enable the top part of the strap to be separated from the bottom. Each shoulder strap, at maximum extension, measures approximately thirty-seven (37) inches in length. The adjustable aspect of the nylon webbing shoulder straps are one (1) inch wide and are attached to the lower aspects of each side of the pack. The shoulder straps, if not in use, may be hidden in a compartment on the back of the pack that has a zipper on its top.

The Customs Service is advised that the “picnic backpack” will be imported with the backpack, four plastic plates, a metal corkscrew, knife and bottle opener combination and four sets of stainless steel flatware with plastic handles. The plates are ten (10) inches in diameter and fit into a plastic and mesh pocket that is located in the front part of the front pocket. The flatware consists of four stainless steel knives, forks and spoons that have plastic handles. The knives, forks and spoons are eight (8) inches long. The knives, forks and spoons, along with a stainless steel corkscrew, knife and bottle opener combination, are stored in five individual pockets sewn onto the interior of the front pocket.

The cutting board is made of plastic and measures approximately nine and one-half (9 ½) inches by five and one-half (5 ½) inches. It is stored in one of the side pockets.

A tag, one and one fourth (1 ¼) inches by one and three-fourths (1 ¾) inches, with the word “Sundowner” is attached to the item by a small metal chain looped through one of the zipper pulls on the front pocket. The backpack additionally has a plastic and metal label sewn and glued to the front pocket that reads “Sundowner.”

Picnic Backpack with Folding Stool Style Number 7257

“Picnic backpack” style 7257 is identical in all respects to style 7256, with the exception of a detachable folding stool. The stool is an X-framed tubular metal stand with a cushioned textile seat. The stool stands seventeen and one-half (17 ½) inches tall. It attaches to the top, rear aspect of the backpack by means of a zipper.

The country of origin of all the merchandise in both styles of “picnic backpacks” is stated to be China.

ISSUES

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of “picnic backpack” style number 7256 which includes the backpack, four plastic plates, a stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware and a plastic cutting board ?;

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of “picnic backpack” style number 7257 which includes the backpack, four plastic plates, a stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware a plastic cutting board and a detachable folding stool ?;

Do the items that comprise “picnic backpack” style 7256 and “picnic backpack” style 7257, respectively, constitute items put up in sets for retail sale pursuant to General Rule of Interpretation 3 (b) resulting in their classification as sets by the components which give the respective sets their essential character ?; and

If the backpack, four plastic plates, stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware and the plastic cutting board of “picnic backpack” style 7256, and the additional detachable folding stool of “picnic backpack” style 7257, respectively constitute sets pursuant to General Rule of Interpretation 3 (b), what is the component of the sets that gives each set its essential character for classification purposes ?

LAW AND ANALYSIS

The responsibility for interpreting and applying the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) rests with the U.S. Customs Service. The Customs Service, in accordance with its legislative mandate, classifies imported merchandise pursuant to the General Rules of Interpretation (GRI) and the Additional U.S. Rules of Interpretation.

General Rule of Interpretation 1 provides, in part, that classification decisions are to be “determined according to the terms of the headings and any relative section or chapter notes.” General Rule of Interpretation 1. Although GRI 1 further provides that merchandise which can not be classified in accordance with the dictates of GRI 1 should be classified pursuant to the other General Rules of Interpretation in their sequential order, the Explanatory Notes (EN) “make it quite clear that the terms of the headings and any relative Section or Chapter Notes are paramount.” General Rules for the Interpretation of the Harmonized System, Rule 1, Explanatory Note (V).

The Explanatory Notes constitute the official interpretation of the Harmonized System at the international level. See Joint Explanatory Statement supra note 1, at 549. The Explanatory Notes, although neither legally binding nor dispositive of classification issues, do provide commentary on the scope of each heading of the HTSUSA. The EN’s are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989); Lonza, Inc. v. United States, 46 F. 3rd 1098, 1109 (Fed. Cir. 1995).

Picnic Backpack Style Number 7256

Commencing classification of the backpack, four plastic plates, stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware and the plastic cutting board in accordance with the dictates of GRI 1, the Customs Service examined the headings of the HTSUSA. Heading 4202 provides:

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).

Backpacks are designated eo nomine in heading 4202. Eo nomine designations include all forms of the article in issue.

The initial responsibility of the Customs Service is to examine the plain meaning of the statutory text. See Marcor Dev. Corp. v. United States, 926 F. Supp. 1124, 1129 (C.I.T. 1996) citing Trans-Border Customs Services v. United States, 843 F. Supp. 1482, 1485 (C.I.T. 1994). If the plain language of the heading establishes the clear and unambiguous intent of Congress, the classification inquiry at the heading level is complete. See Id. The meaning of a tariff term, absent contrary congressional intent, is one that is in accord with its common and popular understanding. See Carl Zeiss, Inc. v. United States, 195 F. 3rd 1375, 1379 (Fed. Cir. 1999).

“Backpacks” are commonly understood to be a pack or knapsack used to carry personal effects which include equipment, clothing and food, and are worn on the back of the user. See infra, dictionary definitions and Standard Surplus. Additional U.S. Note 1 to Chapter 42 specifically provides that “travel, sports and similar bags” of heading 4202, HTSUSA, “means goods…of a kind designed for carrying clothing and other personal effects during travel, including backpacks….” Additional U.S. Note 1, Ch. 42, HTSUSA.

A survey of dictionaries provides the following common definitions of the word “backpack”:

(1) “ a pack carried on the back”… “to carry a pack on the back: used esp. of hiking, camping, ect.” The Compact Edition of the Oxford English Dictionary, Vol. III, p. 45 (R.W. Burchfield, ed., Oxford at the Clarendon Press 1987); and

(2) “to carry (food or equipment) on the back esp. in camping…to carry one’s food or equipment on the back esp. in camping.” Webster’s Third New International Dictionary of the English Language Unabridged (Philip Babcoci Gove, Ph.D. ed., Merriam-Webster, Inc. 1986).

It is the conclusion of the Customs Service, subsequent to reviewing the referenced dictionaries, that the term “ backpack” is commonly understood to be a pack or knapsack used to carry personal effects which include equipment, clothing and food while being worn on the back of the user. The common theme in the definitions appears to be the manner in which the personal effects are transported.

It is noted that heading 4202, HTSUSA, does not simply reference “backpacks.” Heading 4202, HTSUSA, in addition to the numerous other types of containers enumerated, specifically references “knapsacks and backpacks.” (Emphasis added). Congress, by listing “knapsacks and backpacks” together, indicated an intent that knapsacks and backpacks should be understood together.

“Knapsack” is defined in The Oxford English Dictionary as “[a] bag or case of stout canvas or leather, worn by soldiers, strapped to the back and used carrying necessaries; any similar receptacle used by travellers for carrying light articles.” The Compact Edition of the Oxford English Dictionary, Vol. I, p. 1544 ( R. W. Burchfield, ed. 1987). Webster’s New Collegiate Dictionary defines “knapsack” as “a bag (of canvas or nylon) strapped on the back and used (as on a hike) for carrying supplies or personal belongings.” Webster’s New Collegiate Dictionary (Henry Bosley Woolf et al. eds., G. & C. Merriam Co., 1977).

The understanding that the terms knapsack and backpack are essentially synonymous is supported by the Court of Customs and Patent Appeals decision of United States v. Standard Surplus Sales, Inc., 667 F.2d 1011 (C.C.P.A. 1981). The Court in Standard Surplus was called on to classify merchandise according to the Tariff Schedule of the United States, the predecessor of the HTSUSA. The Court, in determining whether certain imported nylon bags were classifiable as sports equipment or as luggage, examined whether there was a distinction between knapsacks and backpacks. The conclusion drawn was that knapsack is a term that proceeded the use of the word backpack, but beyond historical considerations, both terms refer to substantially identical merchandise used for carrying clothing and other personal effects on the back during travel.

Customs has determined that the backpack of instant classification falls within the definition of “knapsacks and backpacks” in heading 4202, HTSUSA. It has the traditional shape of a small backpack and it is designed and manufactured to carry personal effects while being worn on the user’s back. It is specifically noted that although the backpack has a handle on the top, common among many backpacks, the handle appears designed to facilitate moving the pack only very short distances. The shoulder straps and adjustable nylon webbing straps, both of which are of significant construction, enable the backpack and its contents to be easily transported long distances.

Heading 4202, HTSUSA, pursuant to General Rule of Interpretation 1, specifically identifies the article in issue. No other HTSUSA heading specifically describes the merchandise. The backpack is, therefore, classifiable under heading 4202, HTSUSA.

The Customs Service took into full consideration the Court of Appeals for the Federal Circuit decision in SGI, Inc. v. United States, 122 F. 3d 1468 (Fed. Cir. 1997). The specific holding of SGI is that portable soft-sided vinyl coolers used for the storage and serving of food or beverages, that possess insulative properties similar to both hard and soft-sided coolers having a one-half inch thick closed cell polyethylene foam insulation are properly classified as “other household articles…of plastics” in subheading 3924.10.50, HTSUSA. SGI is distinguishable from the facts of the instant ruling.

The Court in SGI, because it was called on to address the classification of merchandise that was not identified eo nomine in the tariff schedule, applied the ejusdem generis rule of statutory construction. See SGI at 1471. Application of the rule of ejusdem generis, which means “of the same kind,” involves a comparison of the items enumerated in a heading or subheading with the article under consideration.

The Customs Service in this ruling is not confronted with a situation in which it must compare the essential characteristics or purposes of the “picnic backpack” with the items in heading 4202, HTSUSA, provided for eo nomine. The HTSUSA specifically identifies “backpacks” in heading 4202, HTSUSA, and mandates that backpacks be classified in heading 4202, HTSUSA, without recourse to the ejusdem generis rule or any other rule of statutory construction.

The Customs Service is conscious of the Court’s dicta focusing ejusdem generis analysis on whether food or beverage was to be transported in the article, but respectfully concludes that it would be improper to apply similar analysis in this ruling. The item under consideration in the instant ruling is a backpack. Backpacks are identified by name in heading 4202, HTSUSA. General Rule of Interpretation 1 fully resolves the classification of the picnic backpack, minus its contents.

The Customs Service is aware that some importers may advocate that the “picnic backpack,” particularly the backpack, is more than a travel or sports bag because of its insulated compartments. The basis for this position being the “more than” doctrine, a doctrine espoused by the Court of Appeals for the Federal Circuit in Digital Equipment Corp. v. United States, 889 F.2d 267 (Fed. Cir. 1989). The “more than” doctrine provided that “merchandise which constitutes more than a particular article or which has additional nonsubordinate or coequal functions is not classifiable as that article.” Id. at 268. Application of the “more than” doctrine in this instance suggests that since the backpack has insulative qualities, it is “more than” a backpack and, therefore, is not classified as a backpack in heading 4202, HTSUS.

Although the Customs Service specifically concludes that the “picnic backpack” is designated eo nomine in heading 4202, HTSUSA, reasoning that insulated compartment(s) do not preclude the item from being understood to be a “backpack,” Customs is apprised that the “more than” doctrine is not an accepted method of interpreting the HTSUSA. The Court of Appeals for the Federal Circuit in the decision of JVC Company of America v. United States, 234 F. 3d 1348 (Fed. Cir. 2000) held that the “more than” doctrine, developed to interpret the Tariff Schedule of the United States, was superceded by the General Rules of Interpretation of the HTSUSA and does not apply to cases arising under the HTSUSA. The Court further held that the General Rules of Interpretation are a “statutorily-prescribed, comprehensive, and systematic method of classification” that supplanted the judicially-created “more than” doctrine. Id. at 1354.

Customs, based on the above reasoning, concludes that the backpack is properly classified in heading 4202, HTSUSA. See HQ 963377 (July 10, 2001), HQ 963860 (July 30, 2001), HQ 962450 (Aug. 23, 1999), HQ 961681 (Sept. 28, 1998).

The plates and cutting board are classifiable in Chapter 39, Plastic and Articles Thereof.” Heading 3924, HTSUSA, provides for “[t]ableware, kitchenware, other household articles and toilet articles, of plastics.” See Explanatory Note 39.24 (discussing tableware, kitchenware and other household articles made of plastic).

The stainless steel and plastic knives, forks and spoons and stainless steel corkscrew, knife and bottle-opener combination are classifiable in Chapter 82, “Tools, Implements, Cutlery, Spoons and Forks, of Base Metal; Parts Thereof of Base Metal.” Heading 8211, HTSUSA, providing for “Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208” encompasses the knives, as well as the corkscrew, knife and bottle-opener combination. The forks and spoons are provided for in heading 8215, HTSUSA, which includes “Spoons, forks…and similar kitchen or tableware.” Heading 8215, HTSUSA. See generally Explanatory Note 82.11 and 82.15 (discussing the utensils of the respective headings and the fact that the utensils may be made of a single piece of metal or have a fitted plastic handle).

A review of GRI 2 leads the Customs Service to the conclusion that its provisions will not prove beneficial in classifying the articles that comprise the “picnic backpack.” The merchandise under consideration in this ruling letter does not constitute incomplete, unfinished, unassembled or disassembled articles that are addressed in GRI 2 (a). The backpack, plates, corkscrew, flatware and cutting board are composed of man-made textile fibers, plastic and metal and are, in accordance with GRI 2(b), “goods consisting of more than one material.” Goods consisting of more than one material which cannot be classified pursuant to GRI 1 or 2 are to be classified according to GRI 3.

An examination of the dictates of GRI 3 is appropriate because the goods are prima facie classifiable under two or more headings: the backpack in heading 4202, HTSUSA, the plates and cutting board in heading 3924, HTSUSA, the knives and corkscrew in heading 8211, HTSUSA, and the forks and spoons in heading 8215, HTSUSA. General Rule of Interpretation 3(a) provides that the articles should be classified according to the heading which affords the most specific description, unless the multiple headings under consideration refer to only part of the materials or substances contained in goods that are mixed or composite, or to only part of “items in a set put up for retail sale.” The items that comprise the “picnic backpack” are not mixed or composite goods, warranting inquiry into the issue of whether they cumulatively constitute “items in a set put up for retail sale.”

Explanatory Note (X) of GRI 3(b) provides three factors to be considered when determining whether goods have been put up in sets for retail sale. The factors are:

The goods consist of at least two different articles that are, prima facie, classifiable in different headings;

The goods consist of articles put up together to “meet a particular need or carry out a specific purpose;” and

The goods are “put up in a manner suitable for sale directly to users without repacking.” General Rules for the Interpretation of the Harmonized System, Rule 3(b), Explanatory Note (X) (a) – (c).

The backpack, plates, corkscrew, flatware and cutting board are prima facie classifiable in different headings and are packaged in a manner suitable for sale directly to users. The issue that remains, the second of the three factors, is whether the items that comprise the “picnic backpack” as put up together “meet a particular need or carry out a specific activity.”

A review of each of the examples of sets in EN (X) indicates that components of sets share at lease one common trait. See HQ 953472 (Mar. 21, 1994). The fact that the drafters of EN (X) did not explain when goods put up together “meet a particular need or carry out a specific purpose” suggests that resolution of the issue must be determined by analogy on a case-by-case basis.

The items that comprise each example of a set in EN (X) are related to one another in such a fashion that they interact together to serve a distinct purpose or function to enable a singular result to be achieved. The items in examples one and two are used in conjunction with one another to complete a sandwich meal and prepare a spaghetti meal. The articles in example three are used together for the purpose of hair grooming and the items in example four function with one another to enable the user to draw.

The Customs Service, in determining whether all of the articles that comprise the “picnic backpack” “meet a particular need or carry out a specific activity,” may not simply consider the plates, corkscrew, flatware and cutting board. Customs must also take into consideration the backpack, the container with which the other articles are presented for sale and with which they will be imported.

Customs initially notes that accumulations of merchandise which include containers are not, for that reason alone, precluded from being designated as sets for classification purposes. Explanatory Note (X) to GRI 3 (b) includes examples of a hairdressing set that contains a leather case and a drawing kit that has a case of plastic sheeting. See General Rules for the Interpretation of the Harmonized System, Rule 3(b), Explanatory Note (X)(2) and (3). Customs has also previously issued ruling letters in which sets included containers or holders. See HQ 084717 (Sept. 9, 1989) (toolbox and electrical connector assortment); HQ 082049 (June 20, 1989) (vinyl zippered carrying bag and cookware); HQ 088323 (June 7, 1991) (pencil box with pencils and pencil sharpener).

The issue in the instant ruling is whether the backpack has a nexus with all of the other items such that all are intended to be used together or in conjunction with one another to meet a particular need or carry out a specific activity. The backpack makes it possible for the picnicker to carry all utensils, food, beverages and sundries long distances with relative ease. The backpack additionally provides storage for the other items when they are not in use. The fitted pockets of the pack keep the primary items organized during travel. The plates, corkscrew combination, cutting board and flatware make it possible and simpler to serve the picnic meal. The backpack is a unique storing system, specifically designed to store and be used with all of the items that complete the “picnic backpack.” It is the conclusion of the Customs Service that the backpack, plates, corkscrew, knife and bottle opener combination, flatware and cutting board as packaged for sale to the user, constitute a set as they carry out the specific activity of serving a picnic in a remote location.

GRI 3(b) additionally provides that goods put up in sets for retail sale which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of that component of the set which gives the set its “essential character.” The General Rules of Interpretation do not define the phrase “essential character,” but the Explanatory Notes offer a non-exhaustive list of factors which may be considered. The factors include: (1) The nature of the component; (2) Its bulk; (3) Its quantity; (4) Its weight; (5) Its value; and (6) The role of the component in relation to the use of the goods. See General Rules for the Interpretation of the Harmonized System, Rule 3(b), Explanatory Note (VIII). Explanatory Note (VIII) of GRI 3(b) specifically states that the essential character of a set will “vary between different kinds of goods.” Id.

A review of judicial precedent and prior Customs Service Headquarters Ruling Letters also serves to highlight the meaning of “essential character.” The Court of International Trade in Better Home Plastics Corp. v. United States, 916 F. Supp. 1265 (C.I.T. 1996) referencing United States v. United China & Glass, 293 F. Supp. 734, 737, 61 Cust. Ct. 386 (1968) stated that essential character is that attribute “which is indispensable to the structure, core or condition of the article, i.e. what it is.” Headquarters Ruling Letter 955714, elaborating on the decision in United China, stated that “[i]n general, essential character has been construed to mean that attribute which strongly marks or serves to distinguish what an article is.” See HQ 955714, supra; See also Pillowtex Corp. v. United States, 171 F.3d 1370 (Fed. Cir. 1999); HQ 951902, supra.

It is the conclusion of the Customs Service that the component of the “picnic backpack” which gives the set its “essential character” is the backpack. The particular need or specific purpose that the set serves is the ability to enjoy a picnic in a remote location. The backpack has the indispensable role in this activity. It is the backpack that provides the set with its predominate intrinsic and financial value. See HQ 088323 Id. (declaring the pencil box to constitute the essential character of the set).

Having concluded that the backpack is classified in heading 4202, HTSUSA, it is necessary to classify the item at the appropriate subheading level. The backpack of instant consideration is classified in subheading 4202.92.3020, HTSUSA, as “…knapsacks and backpacks…: Other: With an outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other: Other: Of man-made fibers: Backpacks.”

Picnic Backpack with Folding Stool Style Number 7257

The legal analysis pertaining to “picnic backpack” style 7257 is identical in all respects to that of “picnic backpack” style 7256, with a few exceptions. The ultimate conclusions of law for both items are the same.

General Rule of Interpretation 3 is applicable to style 7257 as it is to style 7256, but must be addressed in additional detail. General Rule of Interpretation 3 is germane, as previously stated, when the goods subject to classification consideration are prima facie classifiable under two or more headings. The detachable folding stool of style 7257 is classifiable under heading 9401, HTSUSA. Heading 9401 provides for the classification of “[s]eats (other than those of heading 9402), whether or not convertible into beds, and parts thereof.” The Explanatory Notes which correspond to heading 9401, HTSUSA, specifically address “folding chairs” and support this conclusion. Explanatory Note 94.01.

The more significant analysis that must be undertaken with respect to “picnic backpack” style 7257 concerns the second element of EN (X) of GRI 3. The issue is whether the backpack, plates, corkscrew, flatware, cutting board and the detachable folding stool “meet a particular need or carry out a specific purpose” and may be considered a set for classification purposes.

The relationship that exists between the backpack and the plates, corkscrew, flatware and cutting board has previously been addressed. The question confronting the Customs Service with style 7257 is whether the detachable folding stool in conjunction with the other items meets a particular need or carries out a specific purpose, or fails to have the necessary nexus thereby requiring that each item be classified separately. The two issues that require resolution are whether the fact that style 7257 is accompanied by place settings for four, but only a single folding chair negates the items being considered a set and whether the folding chair contributes to the activity.

Customs review of the examples of items that constitute sets, as well as the examples of those items that do not constitute sets in EN (X) to GRI 3, indicates that although “picnic backpack” style 7257 is accompanied by a single stool it is still a set for classification purposes. An examination of the beef sandwich set and the spaghetti meal set suggests that sets need not include every single item that might make a set more complete. See General Rules for the Interpretation of the Harmonized System, Rule 3(b), Explanatory Note (X) (b). The beef sandwich set, for instance, might be considered more complete if accompanied by a pickle or a drink. The spaghetti meal, which only includes uncooked spaghetti, cheese and tomato sauce, might be considered more complete if it included beef and a salad.

The issue is not, however, whether the accumulation of items under consideration could be a more complete set. The question is whether they have the essential requirement to be considered a set, that is whether together they “meet a particular need or carry out a specific purpose.” “Picnic backpack” style 7257 with its folding stool could be a more complete set if it was accompanied by three additional stools to complement the place setting for four. It is, however, the conclusion of the Customs Service that the folding stool and all the other items of “picnic backpack” style 7257 do interrelate with one another in such a manner that they meet a particular need or carry out a specific purpose.

The particular need or specific purpose that all of the items of style 7257 meet is the same as style 7256. The backpack, plates, corkscrew, flatware, cutting board and the detachable folding stool make it simpler and more enjoyable to serve a picnic meal in a remote location. The stool, if only one person is on a picnic hike, provides the picnicker with a seat to enjoy his or her picnic. If more than one person is on the picnic, then the stool may ease the burden of carrying the loaded pack by providing a seat for the person who carried the backpack. The stool in either situation helps fulfill the enjoyment of a picnic.

The fact that the stool attaches to the backpack by means of a zipper enables one to conveniently keep the backpack close at hand while sitting on the stool. This is particularly helpful if the picnickers are part of a large, congested crowd, as might be the case at an outdoor concert.

HOLDING

Picnic Backpack Style Number 7256

The backpack, four plastic plates, stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware and the plastic cutting board that comprise “picnic backpack” style 7256 are a set for the purposes of classification pursuant to the Harmonized Tariff Schedule of the United States Annotated.

The item that affords the set its essential character is the backpack.

“Picnic backpack” style 7256 is classified in subheading 4202.92.3020, HTSUSA, which provides for “…knapsacks and backpacks …: Other: With an outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other: Other: Of man-made fibers: Backpacks.”

The General Column 1 Rate of Duty is eighteen and three-tenths (18.3) percent, ad valorem.

The textile quota category is 670.

Picnic Backpack with Folding Stool Style Number 7257

The backpack, four plastic plates, stainless steel corkscrew, knife and bottle opener combination, four sets of stainless steel and plastic flatware, plastic cutting board and detachable folding stool that comprise “picnic backpack” style 7257 are a set for the purposes of classification pursuant to the Harmonized Tariff Schedule of the United States Annotated.

The item that affords the set its essential character is the backpack.

“Picnic backpack” style 7257 is classified in subheading 4202.92.3020, HTSUSA, which provides for “…knapsacks and backpacks …: Other: With an outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other: Other: Of man-made fibers: Backpacks.”

The General Column 1 Rate of Duty is eighteen and three-tenths (18.3) percent, ad valorem.

The textile quota category is 670.

It is recommended that Fox Run Craftsmen contact its local Customs Service office prior to the importation of this merchandise to determine the current status of any restraints or requirements due to the changeable nature of the statistical annotation, the ninth and tenth digits of the HTSUSA, and the restraint (quota/visa) categories applicable to textile merchandise.

The designated textile and apparel category may be subdivided into parts. If subdivided, the quota and visa requirements applicable to the merchandise may be affected. It is recommended that Fox Run Craftsmen review, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), since part categories are the result of international bilateral agreements and are subject to frequent renegotiations and changes. The Status Report, an internal issuance of the U.S. Customs Service, is updated weekly and is available for inspection at local Customs Service offices. The Status Report is also available on the Customs Electronic Bulletin Board

(CEBB) which can be found on the World Wide Web site of the Customs Service at www.customs.gov.


Sincerely,


John Durant, Director
Commercial Rulings Division