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HQ 086560


June 12, 1990

CLA-2 CO:R:C:G 086560 WAW

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Peter J. Fitch, Esq.
Fitch, King and Caffentzis
116 John Street
New York, N.Y. 10038

RE: Satin Brocade Purse

Dear Mr. Fitch:

This letter is in response to your inquiry, dated February 9, 1990, on behalf of your client, Jewelpak Corporation, regarding the tariff classification of a satin brocade purse under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample of the merchandise was submitted along with your request.

FACTS:

The sample article is described as a satin brocade purse. The purse measures approximately 2-1/2 inches by 2-1/8 inches and has a fold over flap which attaches by means of a snap closure. The purse consists of a man-made brocade fabric. The article will be produced in either China, Taiwan, or Korea.

Your letter indicates that these types of articles are sold to jewelry stores, and are used as point of purchase packaging for pendants, or for other articles of jewelry. You maintain that goods such as these are not sold as articles, but rather are used only as packaging. You argue that these articles are not of a type that are normally carried in the purse or pocket. Accordingly, it is your position that the sample purse is not similar to those articles included in Heading 4202, HTSUSA, and are therefore classifiable in Heading 6307, HTSUSA.

ISSUE:

Whether the sample article is classified under Heading 4202, HTSUSA, or under some other provision of the nomenclature.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) set forth the manner in which merchandise is to be classified under the HTSUSA. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's, taken in order.

Heading 4202, HTSUSA, covers a variety of containers, including among other things, traveling bags, purses, map cases, cigarette cases, tobacco pouches, tool bags, jewelry boxes, powder cases, cutlery cases and similar containers. The Explanatory Notes to Heading 4202, HTSUSA, which constitute the official interpretation of the tariff at the international level, expand the phrase "similar containers." The Explanatory Note provides 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 jewellery rolls, shoe-cases, brush- cases, etc.

In the instant case, the satin brocade purse is similar to, and performs the same function as a jewellery roll and therefore is classifiable under Heading 4202, HTSUSA. The brocade purse resembles a travel accessory since it is designed to protect and store small articles of jewelry while being transported. In addition, it is designed in such a manner so that it is suitable to be carried in the pocket, in the handbag, or on the person. Moreover, it is the opinion of this office that the brocade purse is not merely sold as packaging for articles of jewelry, but rather it is sold at retail as a pouch or container.

HOLDING:

Based on the foregoing analysis, it is our position that the jewelry purse in question is classifiable in subheading 4202.32.9550, HTSUSA, and is subject to a duty rate of 20 percent ad valorem. This merchandise also falls within textile category designation 670. Based upon international textile trade agreements, products of China, Taiwan or Korea are subject to quota and the requirement of a visa.

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,

John Durant, Director

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