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HQ 087753


November 19, 1990

CLA-2 CO:R:C:G 087753 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Mr. Mario H. Aybar
Maybar Tex.
315 Wadsworth Avenue
New York, NY 10040

RE: Nylon satin drawstring pouch is similar to containers of heading 4202 and is of a size normally carried in the pocket or handbag.

Dear Mr. Aybar:

This is in reply to your letter, dated July 17, 1990, to our New York office,, concerning the classification of a textile bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was provided.

FACTS:

The article in question is a nylon satin drawstring purse or pouch. The purse measures 4 inches by 2 inches and will be used by packers for perfume, soaps, jewelry and other small items, but is not designed for any specific article. The purse is made in the People's Republic of China.

ISSUE:

Whether the drawstring purse in question is classifiable in heading 4202, HTSUSA.

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is determined according to the terms of the headings and any relative section or chapter notes.

Heading 4202, HTSUSA, provides, inter alia, for travelling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar articles. The Explanatory Notes, which although not legally binding, constitute the official interpretation of the Harmonized System at the international level, provides in relevant part at EN 42.02, 613, that:

The expression "similar containers"...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.

The article in question is similar to the above-referenced containers. Furthermore, given the size of the drawstring purse (4 inches by 2 inches), it is Customs' view that it is similar to the type of article normally carried in the pocket or handbag.

HOLDING:

The drawstring purse at issue is classifiable in subheading 4202.32.9550, HTSUSA, under the provision for articles of a kind normally carried in the pocket or handbag, with outer surface of plastic sheeting or of textile materials, with outer surface of textile materials, other, other, of man-made fibers, and is dutiable at the rate of 20 percent ad valorem. The textile category is 670.

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,


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