CLA-2-42:RR:NC:WA:341 A88468
Ms. Amy J. Johannesen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway 43rd Fl.
New York, N.Y. 10036-8901
RE: The tariff classification of soft eyewear pouch from China
Dear Ms. Johannessen:
In your letter dated October 16, 1996 you requested a tariff classification ruling. Your request is on behalf of Marchon Eyewear, Inc.
The sample submitted is a soft eyewear pouch with drawstring. Although no style number has been submitted, a professional design drawing dated July 12, 1996, by the firm " Baron & Baron describes it as "eyewear pouch with drawstring". It is manufactured of a man-made textile material of 50% nylon and 50% polyester fibers. The pouch measures " North - South" approximately 7" x 3" and has a drawstring closure at the top of the long side. It is assumed the pouch will be imported empty and not with the eyewear. Although the sample bears no marks, you have indicated that the eyewear pouch actually imported will be imprinted with the eyewear brand logo. The pouch is said to hold the eyewear and to be used as a lens wipe. Although you have requested return of the sample, this office will retain it for official purposes. If return is required, please contact the National Import Specialist.
You have indicated that the item is not of a kind similar to those containers of Heading 4202, Harmonized Tariff Schedules of the United States, Annotated, (HTSUSA) and should properly be classified within tariff Heading 6307, which provides for other made up articles of textile materials.
Classification under the Harmonized Tariff Schedule of the United States ( HTSUS) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined in accordance with the terms of the Headings and any relative section or chapter notes.
Heading 6307, HTSUS, is limited by Section XI Legal Note 1(l) which excludes textile articles of Heading 4202. Therefore if an article is of a kind classifiable in Heading 4202, it is excluded from classification in Heading 6307.
While Heading 4202 does not explicitly provide for pouches, the Court of International Trade (CIT) in TOTES, Inc. v. United States, Slip Op 95-154 noted it's " broad reach" and emphasized that to be classified therein an imported article need only to be " ejusdem generis" with the characteristics running through all of the enumerated exemplars. The Court cited such characteristics as storage, protection and organization as characteristics common to the articles of Heading 4202. Portability, although it does appear as a characteristic of some, is not legally controlling.
The instant item does exhibit the characteristics of Heading 4202. Regarding a similar article, also said to be a bag for eyewear, Ms. Linda Laube, Product Manager, Marchon Eyewear, Inc., submitted a statement dated October 22, 1996, indicating that it "...is given ...to the consumer upon the purchase of... eye or sunglasses so that the glasses may be carried by the purchaser without damage." It is noted that the instant item serves the same purpose as well as it is intended to be a " wipe" for the eyewear lens. The pouch is adequately constructed for repeated use. It is clear that the sample is designed to provide, on a continuing and repetitive basis, storage, protection, organization and portability to the eyewear and that the purchaser will so use it as such. In addition, it is the kind of article normally carried in the pocket or in a handbag.
The applicable subheading for the " eyewear pouch with drawstring " will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in a handbag, of textile materials, with outer surface of textile materials, other, other, of man-made fibers . The duty rate will be 19.5 percent ad valorem.
Articles classified within tariff number 4202.32.9550 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
You have requested advice as to what information is necessary for the issuance of future rulings. The Customs Service must be presented with sufficient information in order to correctly classify imported articles. It is not possible to itemize the specific information needed in all situations. In some instances a sample and identifying information such as style number, composition construction, advertising, sales, or other descriptive literature will be sufficient. However, in other cases, additional information, as necessary, may be requested in order to adequately address any issues or positions presented with the ruling request.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division