HQ 0085380 - Protective Pouch - United States International Trade Commision Rulings

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HQ 085380
November 24, 1989

CLA-2 CO:R:C:G 085380 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Ms. Julie White
Nordstrom, Inc.
A/P Import Office
1321 2nd Ave.
Seattle, WA 98101

RE: Protective Pouch

Dear Ms. White:

This ruling is in response to your letter of July 28, 1989, requesting the classification of a handbag cover under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided for our examination.

FACTS:

The submitted sample consists of a handbag and drawstring pouch. The handbag is made of brass that is gold and nickel plated. The protective pouch, style number MB1010, is 55 percent polyester and 45 percent rayon. It is designed to protect handbags from damage during shipping. One will be given to customers at the time of sale to protect their bags from scratches at home and when traveling.

ISSUE:

What is the proper classification of the protective pouch under the HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 5(a) states that:

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 subject merchandise does not meet the above-mentioned criteria. Specifically, the protective pouch is not specially shaped or fitted to contain any particular article. The pouch is simply a generic rectangular holder capable of carrying various items.

Heading 4202, HTSUSA, provides for vanity cases...musical instrument cases, gun cases, holsters and similar containers. The instant pouch does not resemble these items; it is not worn or carried outside of the body.

Heading 6307, HTSUSA, provides for other made up articles of textile fabric, not otherwise provided for in the tariff. The instant pouch, if not classifiable elsewhere, would be classified under this heading.

HOLDING:

The merchandise in issue is classifiable under subheading 6307.90.9050, HTSUSA, which provides for other made up articles of textile, other, other. The applicable rate of duty is 7 percent ad valorem.

Pursuant to your request, the submitted sample will be returned to your office.

Sincerely,

John Durant, Director
Commercial Rulings Division

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