CLA-2 CO:R:C:T 950006 SK
Ms. Genevieve Rafter
J.M. Customs Brokers
147-24 176th Street
Jamaica, N.Y. 11434
RE: Classification of a nylon waist pack with a detachable
ski tote; ski and pole carrying device; ski straps;
sport bag; 4202, HTSUSA; essential character imparted by
the waist bag
Dear Ms. Rafter:
This is in response to your letter dated July 3, 1991, on
behalf of Newmark Enterprises, Inc., requesting classification
of a nylon ski tote and waist pack under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). A sample was
submitted to Customs for examination and will be returned to the
National Import Specialist.
FACTS:
The submitted sample is a strap and buckle ski carrier with
a detachable waist pack. The waist pack is unlined, measures
approximately 12" x 4" x 2 1/2", and has two zippered pockets on
the front. Several nylon weave straps with plastic side release
buckles may be joined together to form a ski tote. Two of the
shorter straps may be omitted and the remaining adjustable strap
and waist pack fit around the waist. The item at issue is
designed for use as a ski tote and as a travel/storage pocket for
personal items while skiing or participating in sports. The
sample will be imported from Taiwan.
ISSUE:
Is a ski tote with a detachable waist pack properly
classifiable under heading 4202 of the HTSUSA?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be in
accordance with the terms of the headings and any relative
section or chapter notes. Where 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 in
the order of their appearance.
In this case, the articles that make up the "SkiStrap" fall
under two separate tariff provisions in the Nomenclature. The
waist pack is classifiable under heading 4202, HTSUSA, which
provides for travel, sports and similar bags. The textile weave
ski straps are classifiable under heading 6307, HTSUSA, which
provides for other made up articles.
No heading, by itself, covers the subject merchandise and
therefore classification cannot be determined by applying GRI 1
alone. GRI 3 provides the relevant analysis as follows:
When by application of Rule 2(b) or for any other reason,
goods are, prima facie, classifiable under two or more
headings, classification shall be affected as follows:
3(a) The heading which provides the most specific
description shall be preferred to headings
providing a more general description. However,
when two or more headings each refer to part
only ... of the items in a set put up for
retail sale, those headings are to be regarded
as equally specific in relation to those goods,
even if one of them gives a more complete or
precise description of the goods.
Since the "SkiStrap" at issue consists of two components
which are separately provided for in the Nomenclature, GRI 3(b)
applies.
3(b) ... goods put up in sets for retail sale, which
cannot be classified by reference to 3(a), shall be
classified as if they consisted of the material or
component which gives them their essential character.
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In this case, the merchandise qualifies as a set within the
meaning of GRI 3. The article contains components that are
intended to be used together while skiing or engaged in sporting
activities and the merchandise is packaged together in a manner
suitable for sale directly to users without repacking.
Explanatory Note VIII to GRI 3(b) states that:
The factor which determines essential character will vary
as between different kinds of goods. It may, for example,
be determined by the nature of the material or component,
its bulk, quantity, weight or value, or by the role of a
constituent material in relation to the use of the goods.
The essential character of the subject merchandise is
imparted by the waist pack. The role of the waist pack in
relation to the use of this article is such that it constitutes
the primary motivation for most buyers to purchase this item.
The waist pack's uses are vast: it may be used as a sport pack, a
tote, a tourist bag and by hikers and joggers. It has no
seasonal limitations, as does the ski tote. Recently, a
sporting goods catalogue promoted a similar product as a waist
pack that ferries skis and poles too. The description of this
article indicates that it is the waist pack that is primarily
being marketed. The fact that it also converts into a ski tote
is an additional reason to purchase this particular model.
The waist pack's potential uses are diverse and appeal to a
wide range of potential buyers so as to render the waist pack as
the component that imparts this article's essential character.
Purchasers' use of the ski straps is optional and the ski straps
role in relation to the use of this article is secondary to that
of the waist pack.
HOLDING:
The submitted sample is classifiable under subheading
4202.92.3030, HTSUSA, which provides for travel, sports and
similar bags: with outer surface of textile materials: other ...,
other: of man-made fibers, dutiable at a rate of 20 percent ad
valorem. The textile category is 670.
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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 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 internal
issuance of the U.S. Customs Service, which is available for
inspection 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 importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division