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HQ 089759


September 6, 1991

CLA-2 CO:R:C:T 089759 KWM

CATEGORY: CLASSIFICATION

TARIFF No.: 6307.90.9490

Mr. Rick A. Catalani
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, Washington 98104

RE: Revocation of New York Ruling Letter 859141; Jewelry pouch; Textile flocked PVC; Made up textile articles.

Dear Mr. Catalani:

On January 7, 1991, our New York Office issued to you New York Ruling Letter (NYRL) 859141, a binding tariff classification for merchandise described as a "drawstring jewelry pouch." Since that ruling was issued, we have reconsidered our position and find that the finding of that letter is incorrect. We revoke NYRL 859141 for the reasons below.

FACTS:

The sample submitted with your request was described in NYRL as a drawstring jewelry pouch constructed of PVC with a flocked man-made textile exterior, measuring approximately 2 3/4" x 4". The ruling issued on January 7, 1991, classified the product in subheading 4202.32.9550, HTSUSA, apparently based in part on a finding that the articles would be used for travel purposes and were articles similar to the merchandise classified in heading 4202. HTSUSA.

ISSUE:

Is the jewelry pouch classified in heading 4202, HTSUSA?

If not, where is the jewelry pouch classified?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes.

Heading 4202, HTSUSA, provides for a number of distinct but related items. Drawstring pouches such as these are not specifically described within the terms of the heading. However, they may be included in the provision for "similar articles." We find that the pouches are not similar articles.

In classifying goods as "similar" Customs considers many factors. We do not classify articles in heading 4202, HTSUSA, solely on the basis of their potential to contain or hold clothing and/or personal effects. The subject merchandise is manufactured from inexpensive flocked textile material of the kind found on containers commonly given away as premium packaging at the time of purchase. An examination of the pouches reveals that they are not "specially shaped or fitted" as a jewelry box would be; nor are they durable items, suitable for long term repeated use. That the pouches are of a type "normally carried in the pocket or handbag" is not an important factor at the four-digit heading level. And, although the bags could be used for travel purposes, their character is not that of an article specially designed to transport personal belongings while traveling. We find that the terms of heading 4202, HTSUSA, do not include this merchandise.

Since we find no other heading which, by GRI 1, includes this merchandise, we consider the pouches to be a composite good. The primary constituent materials in this case are the man-made textile flocking and the PVC material to which the flocking is adhered. GRI 3 provides that classification of composite merchandise shall be made according to that material which provides the article with its essential character. In this case, we consider the man-made textile flock to provide the essential character. Although the PVC may form the shape of the bag, it is the man-made flocking which is visible to the user; it is the flocking which provides the bag with a soft surface, an attractive feel, and consumer appeal. Therefore, the jewelry pouches are classified in subheading 6307.90.9490, HTSUSA.

HOLDING:

New York Ruling Letter 859141 is hereby revoked. The merchandise at issue, jewelry pouches made of PVC plastic flocked with man-made textile, are classified in subheading 6307.90.9490, HTSUSA, as other made up textile articles. There is no textile visa category associated with this classification.

This notice to you should be considered a revocation of NYRL 859141 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 859141 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type. NYRL 859141 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification in that current contracts for importation arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and may apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised
that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

John A. Durant, Director
Commercial Rulings Division

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