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HQ 951882


January 29, 1993

CLA-2; CO:R:C:T 951882 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Joseph Bonvissuto
The A.W. Fenton Company, Inc.
6565 Eastland Road
Cleveland, OH 44142-1388

RE: Further review of protest 4101-92-100020; articles carried in the pocket or handbag v. travel, sports or similar bags; 4202.32 v. 4202.92; jewelry pouch with drawstring closure; size and nature of pouch indicate it is not normally carried in the pocket or handbag.

Dear Mr. Bonvissuto:

This is in response to your request for Further Review of Protest 4101-92-100020, which concerned the classification of jewelry pouches under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The sample submitted, identified as style LHG-9302, is a drawstring pouch which measures approximately 5 inches x 5 inches at the base, and 4 1/2 inches in height. The exterior surface is of a black man-made textile velvet material. The interior is lined with red satin.

The interior satin lining has three full size open pockets sewn to three side walls and the fourth wall has a double open pocket. The large central area is capable of accommodating larger items. The top is closed by a matching red drawstring cord which is of a non-braided construction. The item appears to be designed to contain jewelry.

ISSUE:

Whether the subject merchandise is properly classified under subheading 4202.32, HTSUSA, which provides for articles of a kind normally carried in the pocket or in the handbag, or subheading 4202.92, which provides for travel, sports and similar bags?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes. Where goods cannot be classified on the basis of GRI 1, the remaining GRI will be applied in order.

Heading 4202, HTSUSA, provides, in pertinent part, for:

Trunks, suit-cases, vanity-cases, executive-cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling- bags, toilet bags, rucksacks, cigarette-cases, tobacco- pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers...(Emphasis added).

The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System constitute the official interpretation of the nomenclature at the international level. While not legally binding, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the Customs Service to follow, whenever possible, the terms of the EN when interpreting the HTSUSA.

The EN to heading 4202 state, in pertinent part:

The term "similar containers" in this second part 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. (Emphasis added).

The interior of the subject merchandise contains several small pockets. The exterior surface is of a textile velvet material and the interior is lined with satin. These features indicate that the pouch is specially fitted and designed to hold and protect jewelry, and is capable of repeated use. This item may be distinguished from textile jewelry pouches not specially fitted to hold jewelry and not of durable construction, which are classified as other made up textile articles of heading 6307, HTSUSA. See HRL 089371, dated September 6, 1991, HRL 089759, dated September 6, 1991, HRL 089851, dated July 29, 1991. Hence, this item is "similar" to a jewellery roll and is properly classified under heading 4202.

Chapter 42, Additional U.S. Note 1, reads:

For the purposes of heading 4202, the expression "travel, sports and similar bags" means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading, but does not include binocular cases, camera cases, musical instrument cases, bottle cases and similar containers.

A jewelry pouch is a good used to transport personal effects; i.e. jewelry. Thus, if subheadings 4202.11 through 4202.39 are inapplicable, the subject merchandise shall be classified as a travel bag.

In the past, merchandise similar to the instant item have sometimes been classified as articles of a kind normally carried in the pocket or in the handbag, which fall within subheadings 4202.11 through 4202.39. You cite several of these rulings in support of your position that the subject merchandise should be so classified.

In HRL 085259, dated August 25, 1989, we classified a drawstring textile perfume pouch as an item to be carried in the pocket or handbag. We do not have the subject merchandise before us. However, we note that this ruling described the pouch as a "flat good." This description leads us to conclude that the article was of such dimensions so as to render it suitable to be carried in the pocket or handbag.

Similarly, HRL 087753, dated November 19, 1990, New York Ruling Letter (NYRL) 859141, dated January 7, 1991, NYRL 859318, dated January 29, 1991, and NYRL 862128, dated April 16, 1991, all involved drawstring pouches classified as items to be carried in the pocket or handbag. Again, we do not have the subject merchandise at hand. However, the dimensions of these articles were described as 4 inches by 2 inches, 2 3/4 inches by 4 inches, 2 3/4 inches by 3 inches and 3 inches by 4 inches respectively. Your merchandise measures 5 inches by 5 inches at the base, and 4 1/2 inches in height. Clearly, the items you wish to import are larger than the articles in the rulings you cite, and are less likely to be carried in the pocket or handbag.

In the past, items similar to the subject merchandise have also been classified as travel, sports and similar bags based on their size and use. For example, in HRL 086083, dated March 5, 1990, as modified by HRL 086637, dated March 30, 1990, we classified a nylon satin jewelry pouch with "eight small interior pockets or compartments to hold earrings or pins, and a large central pocket for larger items of jewelry" as a travel, sports or similar bag. Similarly, in HRL 089575, dated November 20, 1991, we classified a drawstring pouch measuring 8 inches by 6 1/2 inches as a travel bag.

In this case, we are of the opinion that your merchandise is too large to be carried in the typical pocket or handbag. We also reiterate the point that the item is of a durable construction suitable for use as a travel bag. Moreover, the presence of several pockets in the pouch leads us to conclude that it is specifically designed to hold several items of jewelry during travel. Hence, the subject merchandise is properly classified under subheading 4202.92, which provides for travel, sports or similar bags. Accordingly, your request for Further Review of Protest 4101-92-100020 is denied.

HOLDING:

The subject merchandise is classifiable under subheading 4202.92.3030, HTSUSA, which provides for travel sports or similar bags, with outer surface of textile materials, other, other. The applicable rate of duty is 20 percent ad valorem. The textile quota category is 670.

Sincerely,

John Durant, Director

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