CLA-2:CO:R:C:G 086218 SER

Mr. Edward J. Feder
A. Burghart Shipping Co., Inc.
Hemisphere Center
Newark, NJ 07114

RE: Reconsideration of Headquarters Ruling Letter 082463; Garment bags

Dear Mr. Feder:

This is in reference to your request for reconsideration of Headquarters Ruling Letter (HRL) 082463, dated September 25, 1989.

FACTS:

In HRL 082463 garment bags manufactured of at least 4 mil (0.004 inch) thick polyvinyl chloride plastic sheeting material were classified in subheading 4202.92.4500, in the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for trunks, suitcases, traveling bags and similar containers: other, with outer surface of plastic sheeting materials. The garment bag at issue in that ruling was labeled with the style number of BB72 by the manufacturer. You state that this ruling is in conflict with HRL 081764, because a similarly labeled garment bag (BB72) was classified in subheading 3924.90.5000, HTSUSA. In HRL 081764 the garment bag, also labeled BB72, was comprised of polyvinyl chloride plastic sheeting material of less than 4 mils thick.

ISSUE:

Is HRL 082463 in conflict with HRL 081764 in the classification of garment bags?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the Headings and any relative section or chapter notes.

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For the classification of garment bags, such as those at issue, the competing Headings are generally 4202, HTSUS, which provides for "luggage", and Heading 3924, HTSUS, which provides for plastic goods.

It has consistently been the position of Customs to utilize substantiality of construction as essential to a finding that an article is designed for travel and thus could be designated as luggage. The Customs Service has used the American Society for Testing & Materials (ASTM) designation D1593-81 as the basis for determining substantiality. Garment bags that are constructed of 4 mil or thicker vinyl are substantially constructed so as to warrant classification as "luggage", and are properly classified in Heading 4202, HTSUS. Garment bags that are constructed of less than 4 mil thickness are classified in Heading 3924, HTSUS.

Though the garment bag at issue in HRL 081764 was labeled BB72, it was not constructed of a plastic sheeting that was 4 mils thick; whereas, the garment bag labeled BB72 in HRL 082463 was 4 mils in thickness. It is common practice in this industry to manufacture similar items from various gauge plastic sheeting material. This is the reason that the ASTM standards as well as the government procurement standards were established.

HOLDING:

Headquarters Ruling Letter 082463 is correct. The garment bag at issue in that ruling (BB72) was 4 mils thick and is properly classified in subheading 4202.92.4500, HTSUSA, which provides for trunks, suitcases, traveling bags and similar containers, other, with outer surface of plastic sheeting materials. The rate of duty is 20 percent ad valorem. The garment bag at issue in HRL 081764, though labeled BB72, was constructed of less than 4 mils of plastic sheeting and is properly classified in Heading 3924, HTSUS. There is no conflict between the two Headquarter Ruling Letters.

Headquarters Ruling Letter 082463 is affirmed.

Sincerely,

John Durant, Director
Commercial Ruling Division