CLA-2 CO:R:C:T 088411 KWM

Ms. Marcia Beiley
Beiley & Greenberg
Suite 125
7600 Southwest 57th Avenue
Miami, Florida 33143

RE: Reconsideration of NYRL 855591 and NYRL 838361; Revocation or modification denied; Textile bags; Liquor bottle bags; Shoe bags; Specially shaped or fitted; Travel bag; Other made up textile articles.

Dear Ms. Beiley:

We have received your correspondence dated December 20, 1990 and January 4, 1991, requesting a revocation or modification of New York Ruling Letters 855591 and 838361. After consideration of the issues raised in your letter, we decline to revoke or modify the rulings as you requested.

FACTS:

The articles at issue are bags made of textile material. The samples vary in size, but are uniform in design. They are closed on the sides and bottom and open on the top. The opening closes by means of a drawstring sewn into the lip of the bag. The bags are intended to hold merchandise such as a liquor bottle, a pair of shoes, or a shoe tree.

The piece goods, drawstring, eyelets and thread are manufactured/assembled in the United States and consolidated in Miami. They are assembled in Port Au Prince, Haiti, and embroidered with the name and/or logo of the customer. They are returned to the United States via San Juan, Puerto Rico, or Miami, Florida.

Your letter of December 20, 1990, asserts that the bags are not the "primary packaging" for their contents. Instead, they are a marketing device used to attract consumers. For shipping and sales purposes, the bag and its contents are packed in other, more substantial, containers.

Your letter of December 20, 1990, also includes a history of previous ruling letters issued to your client, Newhit Industries, Ltd. Of the three ruling letters you have identified, one was issued under the auspices of the Tariff Schedules of the United States (TSUS), a superseded tariff

nomenclature. The remaining two were issued by our New York office; New York Ruling Letter (NYRL) 838361 issued on March 15, 1989, and NYRL 855591 issued August 29, 1990. Neither the samples nor original submission letters were available to us for consideration in this case. Both NYRL's classified the products at issue in heading 4202, HTSUSA, as travel, sports and similar bags. You ask that we reconsider that classification.

ISSUE:

Are the textile bags at issue travel or similar bags of heading 4202, HTSUSA, or are they other made up textile articles of heading 6307, HTSUSA?

LAW AND ANALYSIS:

Because no samples were available for reconsideration of the New York Ruling Letters issued to you, we will not consider their revocation or modification. The descriptions provided in each of those rulings is so vague that we cannot, in hindsight, accurately determine whether the merchandise at issue was correctly classified. Therefore, it is our decision that such classification should not be subject to second- guessing.

However, we note that the Customs Regulations provide that binding rulings are applicable only to the merchandise and transaction(s) for which the ruling is issued. Therefore, we consider your most recent request to be a new binding ruling request in anticipation of prospective transactions in this merchandise.

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.

Heading 4202, HTSUSA, provides for a number of distinct but related items. Among, them is a provision for "travel, sports and similar bags." Additional U.S. Note 1 states that:

. . . the expression "travel, sports and similar bags" means goods . . . of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags . . . [but not] bottle cases and similar containers.

(Emphasis in the original). We do not consider the instant merchandise to be "travel sports and similar bags" or any other type of article similar to those of heading 4202, HTSUSA. That heading is not considered a "use" provision, nor is it strictly an eo nomine provision. In classifying goods as "similar" we look to certain factors which identify the merchandise as being ejusdem generis to the exemplars given. Travel, sports and similar bags may reasonably encompass any article which has the potential to carry "clothing and personal effects" during travel. However, we also consider other factors to narrow the scope of the subheading. In

Headquarters Ruling Letter (HRL) 086852, we said that the "textile drawstring pouches" did not "possess the substantiality required of heading 4202, HTSUSA." HRL 086852 also found that the textile drawstring pouches, similar to those at issue here, were not "specially shaped or fitted" similar to other articles of heading 4202, HTSUSA. Those factors (or absence thereof) indicate an exclusion from classification in heading 4202, HTSUSA. Coupled with your assertions that the bags are not designed for use while traveling, we find that, legally, the terms of heading 4202, HTSUSA, do not include this merchandise.

Heading 6307, HTSUSA, provides for other made up textile articles. Customs has classified other bags such as these in heading 6307, HTSUSA; for example, certain shoe bags and textile pouches for purses. In most cases, bags such as these are imported with the article they will contain and are classified with that article. However, when imported separately, we believe that they are properly classified as other made up textile articles. The Explanatory Notes to heading 6307, HTSUSA, substantiate that belief:

This heading covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature.

It includes, in particular:

. . .

(5) Domestic laundry or shoe bags, stocking, handkerchief or slipper sachets, pyjama or nightdress cases and similar articles. Shoe bags and similar articles are domestic items designed to store and protect the articles they contain. Their character is not that of a bag designed to transport personal belongings while traveling.

HOLDING:

We decline to revoke or modify New York Ruling Letters 838361 or 855591. However, those ruling letters are, by regulation, limited to the goods described therein. We cannot determine from the descriptions given that the findings of the rulings are incorrect, and therefore will not revoke or modify them.

The merchandise presented with your request, described as textile drawstring bags, are classified for purposes of future transactions in subheading 6307.90.9490, HTSUSA, as other

made up textile articles, other. The applicable rate of duty is 7 percent ad valorem. There is no textile visa category associated with this classification. Please note that the U.S. subheadings (the eight- and ten-digit breakouts) under heading 6307, HTSUSA, were amended pursuant to Presidential Proclamation 6245, dated February 6, 1991.

Sincerely,


John A. Durant
Director
Commercial Rulings Division