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HQ 083800


June 13, 1989

CLA-2 CO:R:C:G 083800 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Robert Lach
New Creative Enterprises, Inc.
5481 Creek Road
Cincinnati, Ohio 45242

RE: Reconsideration of NYRL 836464 of February 13, 1989

Dear Mr. Lach:

This ruling is in response to your letter of February 22, 1989, requesting reconsideration of NYRL 836464.

FACTS:

In NYRL 836464, your product, "le pouch," was classified under the provision for travel, sport and similar bags, with outer surface of textile materials, in subheading 4202.92.3030, textile category 670-L, dutiable at 20 percent ad valorem.

The "le pouch" is commonly known as a "waist bag" or "fanny bag." It is made of 100 percent nylon material. The woven bag or pouch is sewn to a nylon woven adjustable belt. The "le pouch" has two zippered compartments in the front and one in the back. It is primarily worn around the waist, although you state it can also be worn hanging from the shoulder. The "le pouch" will be manufactured in the People's Republic of China.

ISSUE:

Was the "le pouch" properly classified in NYRL 836464 under the provision for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other, in subheading 4202.92.3030, HTSUSA?

LAW AND ANALYSIS:

The "le pouch" is a utility bag designed to be worn around the waist while the wearer is engaged in a sporting activity, such as
jogging or bicycling. This does not, of course, preclude its use for other purposes such as carrying small items while sightseeing. Although you claim the le pouch is too small to carry much more than money, keys, and pocket items, we believe it is large enough to carry other items such as small cameras or even a small radio.

In your request for reconsideration, you claim the "le pouch" is "used like a purse, money belt or wallet." While it is true that it may be used to carry money as are the aforementioned articles, it is distinguishable from them.

Heading 4202, HTSUSA, provides for various types of bags or containers. These bags and containers are broken up into four types:

(1) Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers

(2) Handbags, whether or not with shoulder strap, including those without handle

(3) Articles of a kind normally carried in the pocket or in the handbag

(4) Other

Clearly, the "le pouch" is not similar to a trunk, suitcase, or any of the other named items of that type. It is unlike a purse in that it is designed to be principally worn about the waist like a belt. Purses are generally carried in the hand or on the shoulder. Although you claim the "le pouch" may be worn on the shoulder like a purse, we believe it is not principally designed to be worn that way nor do you show it being worn that way on your display. It is not the type of article normally carried in the pocket or in a handbag. Consequently, having eliminated the first three divisions of the heading, we are left with "Other".

Under the "Other" provision, the "le pouch" is classifiable under subheading 4202.92, HTSUSA, which provides for articles "with outer surface of plastic sheeting or of textile materials." This subheading is further divided into provisions for travel, sports and similar bags, musical instrument cases, and other. Of these choices, we believe the "le pouch" is most properly classified under the provision for travel, sports and similar bags.

In United States v. Standard Surplus Sales, Inc., 69 CCPA 34, 667 F. 2d 1011 (1981), the Court addressed the issue of whether various bags were classifiable as sports equipment or as luggage. The Court decided that the bags had been properly classified by Customs as luggage. Among the bags under consideration in the case was one referred to as "fanny bag" and described as "an oblong zippered bag sewn into an adjustable waist belt and worn on the
user's lower backside." Id. at 36. In its opinion, the Court stated that this bag was specifically designed for backpacking and possessed characteristics common to knapsacks. Id. at 40, 41.

The "le pouch" appears to closely resemble the description of the fanny bag of Standard Surplus Sales. While the "le pouch" may not be designed specifically for backpacking, we believe it is similar to the fanny bag and is, therefore, properly considered similar to sport bags.

HOLDING:

The "le pouch" was properly classified in NYRL 836464 under the provision for travel, sport and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other, in subheading 4202.92.3030, HTSUSA, textile category 670-L, dutiable at 20 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

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