CLA-2 CO:R:C:G 086206 SR

John M. Peterson
Neville, Peterson, & Williams
39 Broadway
New York, NY 10006

RE: Slipper Pouches

Dear Mr. Peterson:

This is in reference to your letter dated December 14, 1989, requesting the tariff classification of pouches for slippers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The country of origin for this merchandise was not provided. For purposes of this ruling we will assume that it is a country that is under the General Duty Rate column.

FACTS:

The merchandise at issue is a textile pouch that will be imported and sold with a pair of Aris-Isotoner Comfort Slippers. The pouch measures approximately 7 1/2 inches in length by 5 1/2 inches in width; with a drawstring closure at the top. It is constructed of a woven twill fabric which is constructed of a blend of 65 percent polyester and 35 percent cotton fibers.

ISSUE: What is the classification of the pouch at issue?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 5(a)

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provides the following:

Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially 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.

The merchandise at issue does not meet these qualifications. It is not fitted to contain a specific article. Similar pouches are used to hold jewelry or perfume.

Heading 6307, HTSUSA, provides for other made up articles. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to heading 6307 provides that this heading covers articles of any textile material, including: (5) domestic laundry or shoe bags. Therefore, the merchandise at issue is classifiable under heading 6307, HTSUSA.

HOLDING:

The slipper pouch at issue is classifiable under subheading 6307.90.9050, as other made up articles, other, other. The rate of duty is 7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division