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HQ 950565

February 21, 1992

CLA-2 CO:R:C:T 950565 JS

CATEGORY: CLASSIFICATION

Louis Shoichet
David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036

RE: CD Carrying Case; net weight determination

Dear Messrs. Shoichet and Eisen:

This is in reference to your letter of October 17, 1991, on behalf of Avon Products, Inc., requesting clarification of New York Ruling Letter (NYRL) 867317. That ruling concerned the classification of a cassette disk carrying case.

FACTS:

The merchandise at issue is a cassette disk carrying case with a rigid compartmentalized insert/tray, which is to be imported and sold with the case. NYRL 867317 (issued to your client September 30, 1991) classified the article under subheading 4202.92.9020, HTSUSA, which is currently subject to quota category 670-L. Importer requests a determination as to whether the net weight, for quota reporting purposes, includes the rigid compartmentalized insert/tray with which the case will be imported and sold.

Heading 4202.92.9020, provides for trunks...binocular cases, camera cases...and similar containers, with outer surface of textile materials. You assert that the basis for such classification should be consideration of this merchandise as a set under GRI 3(b); in addition, you cite VBT 89-64 (May, 1989) as authority to include only the textile component in the determination of net weight for quota reporting purposes.

2

ISSUE:

Whether the weight of the plastic insert is included in the determination of net weight for quota purposes.

LAW AND ANALYSIS:

GRI 3(b), which classifies composite goods, is applicable in this case since virtually all carrying cases of this type are imported with some features which may be removed, such as shoulder straps, trays and other accommodating inserts; these removable parts, however, are considered an integral part of the carrying case and are not, prima facie, classified separately when imported as an entirety. The circular holes on the bottom of the plastic tray, to be used for hanging the tray as you suggested, are not significant in the above considerations.

Customs Directive VBT 89-64 resolves the determination of net weight to be shown on visa stamps for goods which are classified under GRI 3(b). It states that when an article is classified under a single classification number, the weight of the article of textile for visa purposes is the weight of the item as it is to be used (packaging materials such as plastic wrappers, tissue paper, cardboard, pins and hangtags are to be excluded when determining visa weight). Several examples of textile items that would fall under a single HTS number were given, along with a statement as to how net weight is to be determined. The relevant examples given are the following:

Wallets - photo and credit card holders, etc., plus the wallet itself

Needlecraft set (whether or not containing nontextile accessories) - the total net weight of the components in the set.

It is clear, in this instance, that the goods at issue, a CD carrying case with a plastic insert which organizes the CDs to be carried, is similar to the items listed above. Like a wallet which has photo and credit card holders to organize the intended contents of the wallet, the CD carrying case is intended to be used with the plastic insert which will organize the CDs. The same analogy applies to the needlecraft set which also has various components which are intended to be used in conjunction with the set. Therefore, it is clear that a single HTS number is applicable to the subject goods, and that net weight is to be determined by weighing the plastic insert/tray with the textile case.

3

HOLDING:

The net weight for visa and quota reporting purposes of the CD carrying case in this instance, is the weight of the plastic insert/tray and the textile carrying case together.

Please call Julie Stermasi of this office at (202) 566-8181 if you have any further questions.

Sincerely,

John Durant, Director

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