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HQ 086083


March 5, 1990

CLA-2 CO:R:C:G 086083 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9020

Louis S. Shoichet, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: Jewelry Pouch

Dear Mr. Shoichet:

This is in reply to your letter dated November 20, 1989, to our New York office, on behalf of your client, Avon Products, Inc., in which you requested a ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) concerning the tariff classification of the above-referenced merchandise.

FACTS:

A sample was not provided; however, an excerpt from a sales brochure describing the article was submitted. The article in question is a nylon satin pouch with drawstring closure and is designed to carry or store women's jewelry. The pouch has eight small interior pockets or compartments to hold earrings or pins, and a large central pocket for larger items of jewelry. The advertisement for the product describes it as being "perfect to tuck away in [a] suitcase or tote, but so pretty you'll want to display it on [a] dresser top or vanity." The pouch is not designed to contain a specific jewel or set of jewelry.

ISSUE:

Whether the pouch in question is a container classifiable in heading 4202, HTSUSA.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles be determined according to the terms of the headings and any relative section or chapter notes and, provided the headings or notes do not otherwise require, according to the remaining GRIs taken in order.

Heading 4202, HTSUSA, covers a variety of containers, including trunks, suitcases, traveling bags, toiletry bags, knapsacks and backbacks, handbags...and similar containers. The Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level, provide that:

The articles covered by the second part of the heading must, however, be only of the materials specified therein or must be wholly or mainly covered with such materials (the foundation may be of wood, metal, etc.). The expression "similar containers" in this second part includes note- cases, writing-cases, pen-cases, ticket-cases, needle-cases, key-cases, cigar-cases, pipe-cases, tool and jewelry rolls, brush-cases, etc.

The article in question is similar to, and performs the same function as, a jewelry roll and therefore is classifiable in heading 4202, HTSUSA.

HOLDING:

The jewelry pouch in question is classifiable in subheading 4202.92.9020, HTSUSA, under the provision for trunks, suitcases ...and similar containers...other, other, other, other, of man- made fibers, and is subject to duty at a rate of 20 percent ad valorem. The textile category is 670.

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 that 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,


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