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HQ 086610


March 16, 1990

CLA-2 CO:R:C:G 086610 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 6202.13.4020

Mr. Brian Derham
W.G. Carroll & Co., Inc.
168-01 Rockway Boulevard
Suite 200
Jamaica, NY 11430

RE: Classification of garments with accompanying bags

Dear Mr. Derham:

This is in response to your letter of January 30, 1990, on behalf of Adidas U.S.A. Inc., requesting a classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for certain ponchos with carrying bags.

FACTS:

Two samples, both made from 100% woven nylon fabric, were submitted. The ponchos are rectangular in shape with side openings that are secured by snaps. They also have a hood with a drawstring. On the back of the ponchos is a large Adidas name and logo. The garments are packed in matching barrel-shaped travel sports bags measuring approximately seven inches in length and six inches across when flat. Apparently, the bags will have a drawstring with or without a cordlock. The bags are also decorated with the Adidas name and logo and are commonly known in the trade as "stuffbags."

ISSUE:

How are the ponchos and bags classified under the HTS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

Heading 6202, HTSUSA, provides for women's or girls' overcoats, carcoats, capes...and similar articles.... The Explanatory Notes to Heading 6102, HTSUSA, which apply mutatis mutandis to Heading 6202, state that the heading covers capes and ponchos. In view of the foregoing, it is Customs position that the subject ponchos are classifiable in subheading 6202.13, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks and similar coats.

Regarding the carrying bags, GRI 5(a) provides that containers specially shaped or fitted to contain specific articles, suitable for long-term use and entered with the articles, shall be classified with such articles when of a kind normally sold therewith. In addition, pursuant to GRI 5(b), packing materials and packing containers are also classified with the goods. However, the provision does not apply if the packing materials and packing containers are clearly suitable for repetitive use. For the purposes of GRI 5(b), the term "repetitive use" is interpreted to mean use with goods of the kind presented in the packing container.

It is Customs position that the subject nylon carrying bags are classifiable separately from the ponchos because they do not meet the requirements of either GRI 5(a) or (b). The carrying bags are not specially shaped or fitted to contain the ponchos and are suitable for repetitive use. Therefore, the carrying bags are classifiable in heading 4202, HTSUSA, which provides for travelling bags and similar containers.

HOLDING:

The bags are classifiable in subheading 4202.92.3030, HTSUSA, which provides for trunks...sport bags, bottle bags...of plastic sheeting, of textile materials..., with outer surface of plastic sheeting or of textile materials, other, other. The rate of duty is 20 percent ad valorem and the textile category is 670.

The ponchos are classifiable in subheading 6202.13.4020, HTSUSA, which provides for women's or girls' overcoats, carcoats, capes, cloaks and similar coats, of man-made fibers, other, other, women's. The rate of duty is 29.5 percent ad valorem and the textile category is 635.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) 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.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Your samples will be returned to you under separate cover.

Sincerely,

John Durant, Director

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