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HQ 086852


May 10, 1990

CLA-2 CO:R:C:G 086852 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

District Director
U.S. Customs Service
Suite 200
477 Michigan Avenue
Detroit, Michigan 48266

RE: Request for Further Review of Protest No. 3801-9-001530; Classification of textile drawstring pouches

Dear Sir:

Protest and request for further review were timely filed against the liquidation of entries covering shipments of cotton flannel drawstring bags.

FACTS:

The instant merchandise is a cotton flannel bag measuring approximately 4 1/4 inches x 5 inches. The bag has a drawstring closure and an embroidered trademark logo. According to the information provided by the protestant, these 1.75 liter size bags were imported to be given away as premiums by establishments serving alcoholic beverages by the glass. Apparently, when a customer orders a glass of the spirit whose trademark appears on the bag, the bag is provided as a coaster. The bags are manufactured in Brazil and imported from Canada.

The port classified the bags under subheading 4202.92.1500, HTSUSA, which provides for travel, sport and similar bags. The protestant claims the bags are classifiable in subheading 6307.90.9050, HTSUSA, which provides for other articles of textile. Two New York rulings (NYRL 823309 and 822974) are cited in support of this contention.

ISSUE:

Whether the subject merchandise is of a class or kind classifiable under heading 6307, HTSUSA or heading 4202, HTSUSA?

LAW AND ANALYSIS:

It is the protestant's contention that the subject drawstring pouches are of the class or kind of merchandise described in subheading 6307.90.9050, HTSUSA, which provides for other made up articles of textile. In support of their position, protestant cites two New York rulings which held that bags of textile material are correctly classified in heading 6307, HTSUSA. NYRL 823309 (June 12, 1987) classified a golf balls and tees carrying bag in heading 6307, HTSUSA. NYRL 822974 (May 22, 1987) also classified an accessory bag in heading 6307, HTSUSA.

Your office's Notice of Redelivery was based on the belief that the subject merchandise is similar to the merchandise described in NYRL 839473 (April 21, 1989) which held that drawstring pouches are classified in heading 4202, HTSUSA, as travel, sports and similar bags.

Heading 4202, HTSUSA, provides for trunks, suitcases, vanity cases,...and similar containers.... Containers classifiable under heading 4202, HTSUSA, must generally be of a class or kind suitable for long-term use and specially shaped or fitted as set forth in General Rule of Interpretation 5(a). It is Headquarters position that the subject textile pouches are general purposes bags because they are not specially shaped or fitted. Nor, do they possess the substantiality required of heading 4202 containers.

The question remains whether the pouch is a "made up" article. The expression "made up" as used in Section XI is explained in Section Note 7, which provides in pertinent part:

"For the purposes of this Section, the expression 'made up' means:

(a) Cut otherwise than into squares or rectangles;

(b) Produced in the finished state, ready for use *** without sewing or other working***;

(c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics, the cut of edges of which have been prevented from unravelling by whipping or by other simple means;

(e) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end***.

Pursuant to the Section Note the instant pouch is a "made up" article of textile and therefore, it is classifiable in heading 6307, HTSUSA.

HOLDING:

As a result of the foregoing, the textile pouches are classifiable in subheading 6307.90.9050, HTSUSA, which provides for other made up articles, other, other. You should GRANT this protest in full. A copy of this decision should be forwarded to the law firm of Ross & Hardies.

Sincerely,

John Durant, Director

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