CLA-2 CO:R:C:G 085769 WAW

Ms. Kim Greenwood
Technical Specialist
Esprit de Corp
900 Minnesota Street
San Francisco, CA 94107

RE: Pencil cases, styles 87726 and 87733

Dear Ms. Greenwood:

This ruling is in response to your letter dated September 28, 1989, requesting the tariff classification of pencil pouches under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

You have requested a classification ruling for items referred to in your letter as "PVC pencil cases" to be imported from Taiwan. Two samples, identified as styles 87726 and 87733, were submitted with your request. Style 87726 is a padded flat case, with a slide fastener opening and outlined with a nylon cord piping along the seam. Attached to the slide fastener is a shoelace-like string to aid in opening the pouch. The entire case measures 10 inches by 5 inches. Printed on one side of the case in bold letters is the "Esprit" logo and printed on the other side are the words "Haute Route." Style 87733 is a 2 inch gusseted, unlined case with a contrasting slide fastener opening. The slide fastener overhangs on either end of the pouch by 2-1/2 inches and can be snapped to the side of the case. A nylon cord rope is attached to the slide fastener to aid in opening the pouch. The entire case measures 8 inches by 4 inches. The importer has indicated that the outer surface of the pencil cases consists of a non-cellular plastic which in both cases has been applied to a woven textile backing in such a manner that the backing cannot be easily separated from the plastic.

ISSUE:

What is the proper classification of the pencil cases under the HTSUSA?

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

Heading 4202, HTSUSA, includes, inter alia, the following articles:

[t]raveling bags, toiletry bags, knapsacks and backpacks, handbags, . . .and similar containers, . . . of plastic sheeting, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials: Articles of a kind normally carried in the pocket or the handbag.

The samples that you have submitted are included within the above-mentioned heading. Based on prior Customs rulings, the pencil cases qualify as a type of bag or pouch designed for transporting pencils or pens and which is normally carried in the pocket or handbag. See HRL 085108, dated September 20, 1989. Thus, the issue to be addressed is whether the pencil pouches in the instant case are constructed of materials with outer surface of "plastic sheeting or of textile materials" under subheading 4202.32, HTSUSA, or of "Other" material under subheading 4202.39, HTSUSA.

The term "outer surface" has been defined to mean that surface which is both visible and tactile to the naked eye. Moreover, this office has determined in previous rulings that the expression "plastic sheeting" as used in subheading 4202.32, HTSUSA, applies to goods constructed of material classified under the provisions for sheets of plastics in Chapter 39, HTSUSA; i.e., plates, sheets, or strips of cellular plastics combined with textile fabric, where the textile fabric is present merely for reinforcing purposes. See HRL 082803, dated December 27, 1988. Thus, to be classifiable under subheading 4202.32, HTSUSA, goods must meet both the "outer surface" and "plastic sheeting" terms of that subheading.

In the instant case, the outer surface of the goods is composed of a man-made textile material which has been coated with non-cellular plastics. The plastic material gives the finished article its smooth finish and appearance. However, the plastic which coats the outer surface of the textile does not meet the definition of "plastic sheeting" as provided for in Legal Note 2(a)(5) in Chapter 59. In addition, the outer surface of the pencil cases does not qualify as a "textile material" as provided for in subheading 4202.32, HTSUSA, since it is a textile material that is covered with plastic. Thus, in this case, the pencil pouches are precluded from classification under subheading 4202.32, HTSUSA, since the outer surface is neither of plastic sheeting, nor of textile material. In short, the outer surface of the pencil cases are comprised of a combination of non- cellular plastics and woven textile. Accordingly, it is Customs position that the subject merchandise is properly classifiable under subheading 4202.39.0000, HTSUSA.

HOLDING:

It is the opinion of this office that the submitted "pencil pouches" are properly classifiable under subheading 4202.39.0000, HTSUSA, as articles of a kind normally carried in the pocket or in the handbag; Other, and dutiable at the rate of 20 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division