CLA-2 CO:R:C:G 087787 KWM
TARIFF: 4202.92.9020
   Mr. Y. Hagihara
   Eastwind, Inc.
   2-13, Akasaka 8-Chome
   Minato-ku
   Tokyo 107, Japan
   RE:  Pearl folders; Jewelry boxes and similar containers; Of
        textile material; Outer surface of textile materials.
   Dear Mr. Hagihara:
        This will acknowledge receipt of your letter dated August
   17, 1990, requesting a binding classification ruling for pearl
   folders.  We have examined the sample you provided, and find
   that the folder should be classified as set forth below.
   FACTS:
        The goods at issue here are referred to as "pearl
   folders."  They are square folders designed to hold a
   necklace.  The item measures approximately 6 inches by 8
   inches when closed.  Both the interior and exterior are
   covered by a flocked material with a velveteen appearance.
   The flocked textile is composed of 48 percent acrylic, 32
   percent rayon and 20 percent cotton.  On the inside, two
   straps snap to the body of the folder to hold a necklace in
   place, and two "flaps" cover the necklace.  The ends of the
   folder are creased and fold back across each other to form the
   outer closure.  The folder is suitable for long-term, repeated
   use.
   ISSUE:
        What is the classification of the folders under the
   Harmonized Tariff Schedule of the United States Annotated?
   LAW AND ANALYSIS:
        Classification under the Harmonized Tariff Schedule of
   the United States Annotated (HTSUSA) is made in accordance
   with the General Rules of Interpretation (GRI's).  The
   systematic detail of the harmonized system is such that
   virtually all goods are classified by application of GRI 1,
   that is, according to the terms of the headings of the tariff
   schedule and any relevant Section or Chapter Notes.  In the
   event that the goods cannot be classified solely on the basis
   of GRI 1, and if the headings and legal notes do not otherwise
   require, the remaining GRIs may be applied, taken in order.
        Heading 4202, HTSUSA, provides for, inter alia:
        4202      . . . tool bags, sports bags, bottle cases,
                  jewelry boxes. . . and similar containers. .
                  .,of textile materials . . .or of paperboard,
                  or wholly or mainly covered with such
                  materials:
   (Emphasis added).  In reference to the items of heading 4202,
   HTSUSA, the Explanatory Notes to the HTSUSA indicate that
   containers similar to jewelry boxes are "specially shaped or
   fitted to contain one or more pieces of jewelry" and are "of
   the type in which articles of jewelry are presented and sold
   and which are suitable for long term use."  The instant
   folders meet these criteria.  It is our opinion that the terms
   of heading 4202, HTSUSA provide for these goods eo nomine.
        Within heading 4202, HTSUSA, goods are classified
   according to material which comprises their outer surface.
   The outer surface is that which is visible and tactile; the
   exterior surface.  In this case, the exterior surface is
   comprised of the textile material composed of 80% man-made
   materials.  Subheading 4202.92.9020, HTSUSA, provides for
   other articles with an outer surface of textile materials, of
   man-made fibers.  This subheading provides for the instant
   goods by application of GRI 1.
   HOLDING:
        The instant goods, a pearl folder wholly covered with
   textile material, with an outer surface of man-made textile
   material, is classified in subheading 4202.92.9020, HTSUSA.
   The goods are dutiable at the rate of 20 percent ad valorem.
   The textile visa category associated with this classification
   is 670.
        The designated textile and apparel category may be
   subdivided into parts.  If so, the visa and quota category
   requirements applicable to the subject merchandise may be
   affected.  Since part categories are the result of
   international bilateral agreements which are subject to
   frequent renegotiations and changes, to obtain the most
   current information available, we suggest you 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 your
   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, you should contact
   your local Customs office prior to the importation of this
   merchandise to determine the current status of any import
   restraints or requirements.
                                      Sincerely,
                                      John A Durant
                                      Director
                                      Commercial Rulings Division