HQ 0084352 - Classification of canopy bags - United States International Trade Commision Rulings

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HQ 084352

May 31, 1989

CLA-2:CO:R:C:G 084352 SR

CATEGORY: CLASSIFICATION

Ms. Anna J. Hettinger
Expeditors International
5180 A Smith Road
Denver, CO. 80216

RE: Classification of canopy bags

Dear Ms. Hettinger:

This is in reference to your letter dated February 1, 1989, requesting tariff classification of canopy bags under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The item is produced in Taiwan. No sample was submitted.

FACTS:

The merchandise at issue is a canopy unit with a duffle bag and a carry bag. The canopy consists of steel frame poles and spikes, and nylon tops, panels, screens, carry and duffle bags. The top is sold in a carry bag that protects it from becoming dirty or torn. The unit is sold in a carry bag which is used to carry all the pieces. The importer states that the merchandise is normally imported and sold as a unit. Some of the units contain side panels and screens and some are sold without.

ISSUE:

Whether the carry bag and duffel bag are classified separately or as the usual container for the canopy unit.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 5(a) provides that camera cases, musical instrument cases, . . . and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith.

The importer states that the nylon top is imported and sold in a duffle bag that is intended to protect it from becoming dirty or torn. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes to GRI 5(a) provide that the rule covers containers which: (1) are specially shaped or fitted to contain a specific article or set of articles, i.e., they are designed specifically to accommodate the article for which they are intended, (2) are suitable for long-term use, i.e., designed to have a durability comparable to that of the articles for which they are intended, (3) are presented with the articles for which they are intended, whether or not the articles are packed separately for convenience of transport, (4) are of a kind normally sold with such articles, and (5) do not give the whole its essential character.

According to the importer, the bag is designed to store the top to provide protection. It is made of the same material as the top with comparable durability. The top is imported and sold in the bag, and the bag cannot be said to affect the essential character of the whole, which is clearly imparted by the top.

The carry bag is intended to hold the entire canopy unit. The bag is designed to hold the canopy unit. It is made of the same material as most of the other pieces with comparable durability. It is imported and sold with the unit and does not affect the essential character of the whole. Both the duffle bag and the carry bag are classified with the canopy unit.

GRI 3(b) provides for goods put up in sets for retail sale. The Explanatory Notes to GRI 3(b) states that goods put up in sets for retail sale include goods that consist of at least two different articles which are, prima facie, classifiable in different headings, consist of products or articles put up together to meet a particular need or carry out a specific activity, and are put up in a manner suitable for sale directly to users without repacking.

The canopy sets that are sold together as a unit meet this definition of a set and will be classified according to the component that imparts the essential character. We do not have enough information on the canopy to determine the essential character. Pieces, such as sides or screens, that are imported and sold separately will be classified separately.

HOLDING:

The duffle and carry bags at issue are classifiable with the canopy unit. In order to obtain a classification for the canopy unit or separate pieces a ruling request with a sample and/or complete literature must be supplied.

Sincerely,

John Durant, Director

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