CLA-2 CO:R:C:T 953176 NLP
Ms. Rosalyn Alberdi
A.J. Arango, Inc.
P.O. Box 3007
Tampa, FL 33601
RE: Drawstring pouches; heading 4202; Explanatory Notes to
heading 6307; HRLs 086852, 089759, 089851 and 089371; GRI 3;
essential character
Dear Ms. Alberdi:
This is in response to your letter dated August 21, 1992, on
behalf of your client, Home Shopping Network, in which you
requested the tariff classification of a drawstring pouch under
the Harmonized Tariff Schedule of the United States (HTSUS). A
sample was submitted for our examination.
FACTS:
The submitted sample, style no. IMPO1B2, is a pouch that is
closed on the sides and bottom and open on the top. The opening
closes by means of a drawstring. The pouch measures
approximately 4 inches by 3 inches. It is constructed from a
woven fabric that has been coated, covered, or laminated with
plastics. The exterior surface of the pouch is covered with man-
made fiber flock.
ISSUE:
Is the drawstring pouch a travel or similar container
classifiable in heading 4202, HTSUS, or an other made up textile
article of heading 6307, HTSUS?
LAW AND ANALYSIS:
The classification of goods under the HTSUS is governed by
the General Rules of Interpretation (GRI's), 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. 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 GRI's may be applied, taken in
order.
Heading 4202, HTSUS, provides for a number of distinct but
related items. Specifically, this heading provides for the
following:
Trunks, suitcases, vanity cases, attache cases,
briefcases, school satchels, spectacle cases, binocular
cases, camera cases, musical instrument cases, gun
cases, holsters and similar containers; traveling bags,
toiletry bags, knapsacks and backpacks, handbags,
shopping bags, wallets, purses, map cases, cigarette
cases, tobacco pouches, tool bags, sports bags, bottle
cases, jewelry boxes, powder cases, cutlery cases and
similar containers, of leather or of composition
leather, of plastic sheeting, of textile materials, of
vulcanized fiber or of paperboard, or wholly or mainly
covered with such materials.
While drawstring pouches such as the one at issue are not
specifically provided for within the terms of the heading, they
may be included in the provision for "similar containers."
In classifying goods as "similar" Customs considers many
factors. We do not classify articles in heading 4202, HTSUS,
solely on the basis of their potential to contain or hold
clothing and/or personal effects. Moreover, in Headquarters
Ruling Letter (HRL) 086852, dated May 10, 1990, we stated that
the "textile drawstring pouches" did not possess the
substantiality required of heading 4202, HTSUSA." That ruling
also found that the textile drawstring pouches were not specially
shaped or fitted similar to other articles of heading 4202,
HTSUS. Those factors (or absence thereof) result in an exclusion
from classification in heading 4202, HTSUS.
In HRL 089759, dated September 6, 1992, we held that a
drawstring pouch, similar to the subject pouch, was not
classified in heading 4202. The pouch in HRL 089759 was
manufactured from inexpensive flocked textile material, it was
not specially shaped or fitted, and it was not a durable item
suitable for long term use. Finally, although the pouch could be
used for travel purposes, its character was not that of an
article designed to transport personal belongings. The pouch was
therefore not considered to be a container similar to a jewelry
box or a travel bag. The pouch was classified in subheading
6307.90.9490, HTSUS. See also, HRL 089851, dated July 29, 1991
and HRL 089371, dated September 6, 1991.
The subject pouch is also made from inexpensive material, is
not specially shaped or fitted and lacks the durability of an
article intended for long term use. It is also not designed to
transport personal belongings while traveling. Therefore, based
on the similarity of the subject pouch and the pouches in the
above rulings, it is our position that the subject pouch is also
not classified in heading 4202, HTSUS.
Heading 6307, HTSUS, is a residual provision which provides
for other made up articles of textiles that are not provided for
more specifically elsewhere in Section XI or elsewhere in the
nomenclature. See, the Harmonized Commodity Description and
Coding System Explanatory Notes to heading 6307, pages 867-8. As
the drawstring pouch is not classifiable in heading 4202, HTSUS,
and is not provided for more specifically elsewhere in the HTS,
it is classifiable in heading 6307, HTSUS. Specifically, it is
classified in subheading 6307.90.9986, HTSUS.
HOLDING:
The drawstring pouch is classified in subheading
6307.90.9986, HTSUS, which provides for "[o]ther made up
articles, including dress patterns: [o]ther: [o]ther: [o]ther:
[o]ther: [o]ther." It is dutiable at the rate of 7 percent ad
valorem.
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 importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director