CLA-2 CO:R:C:T 954620 HP
Ms. Sandra B. Peveler
New World Imports, Inc.
1710 Hayes Street
Nashville, TN 37203
RE: Overnight kit bags are travel, sports and similar bags.
Dear Ms. Peveler:
This is in reply to your letter of July 6, 1993. That
letter concerned the tariff classification, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), of
overnight kit bags, produced in China.
FACTS:
The merchandise at issue consists of two items described as
"overnight kit bags." The items are manufactured of 100% cotton,
and are zippered pouches designed to contain various "travel
size" personal toiletries. The items will be provided to
travelers as an amenity. Each item is imprinted with the words
"OVERNIGHT KIT" and will be imported without the contents.
ISSUE:
Whether the overnight kits are considered travel, sports and
similar bags under the HTSUSA?
LAW AND ANALYSIS:
Heading 4202, HTSUSA, provides for, inter alia, travel,
sports and similar bags. The General Rules of Interpretation
(GRIs) to the HTSUSA govern the classification of goods in the
tariff schedule. GRI 1 states, in pertinent part, that such
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes. . . ." Goods
which cannot be classified in accordance with GRI 1 are to be
classified in accordance with subsequent GRIs, taken in order.
Additional U.S. Note 1 to Chapter 42 states:
...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 of this heading....
In classifying goods as "similar," Customs considers many
factors. We do not classify articles in heading 4202, HTSUSA,
solely on the basis of their potential to contain or hold
clothing and/or personal effects. HRL 953176 of March 16, 1993.
Bags and pouches that have been found to fall outside heading
4202, HTSUSA, are those that are not adequately constructed for
repeated use. Id.
Articles of heading 4202, HTSUSA, can be soft and/or without
foundation. HRL 954403 of November 16, 1993. The bag at issue is
such an article; i.e., it is of substantial construction and is
capable of repeated use. In addition, it is designed to carry
personal toiletries on subsequent travel. Accordingly, the
overnight kits are properly classifiable as travel, sports and
similar bags of heading 4202.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 4202.92.1500, HTSUSA, textile
category 369L from China, as travel, sports and similar bags of
cotton. The applicable rate of duty is 7.2 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent negotiations and
changes, to obtain the most current information available, we
suggest that 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 importing the merchandise to determine
the current status of any import restraints or requirements.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division