HQ 0084644 - Purse pouch - United States International Trade Commision Rulings

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HQ 084644

September 13,1989

CLA-2:CO:R:C:G 084644 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Mr. Joel K. Simon
Serko and Simon
One World Trade Center
Suite 3371
New York, N.Y. 10048

RE: Purse pouch

Dear Mr. Simon:

This is in reference to your letter dated May 15, 1989, requesting the tariff classification of a textile pouch used to protect a purse, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Italy or South Korea was submitted.

FACTS:

The merchandise at issue is a textile pouch in which an expensive leather purse is imported. The pouch serves to protect the purse from scratches, abrasions, and crocking (the transfer or rubbing off of leather finishing materials or color, or the show of irregularity from rubbing). The purse is imported in the pouch, and the purse is usually stored in the pouch when not in use by the consumer. Company logos, trademarks, or trade names can be printed on the pouch.

ISSUE:

Whether the purse pouch at issue is classifiable as the normal container for the purse or as luggage.

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 the following:

Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace 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. This rule does not, however, apply to containers which give the whole its essential character.

The merchandise at issue does not meet these qualifications. The pouch, retangular in shape, does not appear to be specially shaped or fitted to contain a specific purse.

Heading 4202, HTSUSA, provides for trunks, suitcases, vanity cases; toiletry bags, and similar containers of textile materials, or wholly or mainly covered with such materials. The pouch at issue is not similar to the items listed. The pouch is used to protect a purse while it is in storage. The pouch is not worn or carried on the person as is luggage. Similar pouches have been classified under subheading 6307.90.9050, HTSUSA, as other made-up textile articles.

HOLDING:

The merchandise at issue is classifiable under subheading 6307.90.9050, HTSUSA, as other made up articles, other, other, other. The rate of duty is 7 percent ad valorem.

Sincerely,

John Durant, Director

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