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HQ 954288


October 27, 1993

CLA-2 CO:R:C:T 954288 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030, 4202.92.9025

Thomas E. Miller
Elaine M. Miller
1961 Radcliffe Drive-North
Clearwater, FL 34623

RE: Classification of textile pouches affixed to a belt; travel, sports and similar bags; subheading 4202.92, HTSUSA

Dear Mr. and Mrs. Miller:

This letter is in response to your request for the tariff classification of several items consisting of textile pouches affixed to a belt. Samples were submitted for examination.

FACTS:

Five samples were submitted for classification, designated as styles F-SND, F-7, F-8A, F-8B, and F-10. This merchandise is commonly known as "fanny packs" or "belly bags." Each of these samples is a series of pouches affixed to a belt, which measures approximately 3 inches wide. Some of the pouches have a zipper closure and others have a snap closure. You state that you are unsure of what materials these articles are made. An examination shows that this merchandise appears to be made of a man-made textile covering, while certain components, such as the pockets, are made of corduroy material. Style F-SND contains a series of travel pouches. Styles F-7 and F-10 have a removable spectacle case in addition to the travel pouches. These spectacle cases are attached by snaps and are made of the same material as the pouches. Styles F-8A and F-8B contain a "hand weapon pouch" and a "clip holder pouch." You state that these articles are for travelers or sportsmen.

ISSUE:

Whether the merchandise at issue is classifiable as travel, sports and similar bags in Heading 4202 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 4202, HTSUSA, provides for traveling bags, sporting bags and similar containers, among other articles. Subheading 4202.92, HTSUSA, includes travel, sports and similar bags with an outer surface of textile materials. Additional U.S. Note 1 to Chapter 42 states the following:

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.

Style F-SND is designed for carrying personal effects during travel. In addition, in Headquarters Ruling Letter (HRL) 083800, dated June 13, 1989, we ruled that similar merchandise, commonly known as a "waist bag" or "fanny bag," was classified under subheading 4202.92 as a travel, sports and similar bag. Consequently, Style F-SND is classified as a travel, sports and similar bag under subheading 4202.92.

Styles F-8A and F-8B both contain a hand weapon pouch and a belt clip holder pouch. The hand weapon pouch is similar to a holster; the belt clip holder pouch is similar to a cartridge pouch. These articles are similar to those excluded from classification as travel, sports and similar bags according to U.S. Additional Note 1 to Chapter 42. Consequently, these styles are not classifiable as travel, sports and similar bags and are instead classifiable under subheading 4202.92.90.

Styles F-7 and F-10 both contain a travel pouch and a removable spectacle bag. The travel pouches are classifiable under subheading 4202.92; the spectacle bags are classifiable under subheading 4202.32, which provides for articles of a kind normally carried in the pocket or in the handbag. Therefore styles F-7 and F-10 are classifiable under two subheadings.

GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, to GRI 3(b) provide interpretation of the terms essential character, composite goods, and goods put up in sets for retail sale. With regard to composite goods they state at page 4 the following:

For the purposes of GRI 3(b), composite goods made up of different components shall be taken to mean not only those in which the components are attached to each other to form a practically inseparable whole but also those with separable components, provided these components are adapted one to the other and are mutually complementary and that together they form a whole which would not normally be offered for sale in separate parts.... As a general rule, the components of these composite goods are put up in a common packing.

The spectacle cases are removable and could be sold and used separately from the belt and travel pouches. Consequently, these articles cannot be considered composite goods.

GRI 3 deals with the classification of goods put up in sets for retail sale. According to the Explanatory Notes, at page 4, "goods put up in sets for retail sale" refers to goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

The pouches of styles F-7 and F-10 meet all three requirements above for classification as sets. The belt with the travel pouches make up the bulk of this merchandise, while the spectacle cases make up only a small part of this merchandise. The belt and travel pouches clearly impart the essential character to this merchandise. Consequently, styles F-7 and F- 10 are also classified under subheading 4202.92.

HOLDING:

Styles F-8A and F-8B are classified under subheading 4202.92.9025, HTSUSA, which provides for articles of Heading 4202, other, with outer surface of sheeting of plastic or of textile materials, other, other, other, of man-made fibers. The rate of duty is 20 percent ad valorem, and the textile category is 670.

Styles F-SND, F-7 and F-10 are classified under subheading 4202.92.3030, HTSUSA, which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of man-made fibers, other. The rate of duty is 20 percent ad valorem. The textile category for style F-SND is 670.

All applicable visa and quota requirements apply for textile articles which are classified as parts of a set. See 54 Fed. Reg. 35,223 (August 24, 1989). This rule applies to all items which, if imported separately, would have required a visa and the reporting of quota. Therefore, classification of styles F-7 and F-10 as sets, when imported as such, does not affect the visa and quota requirements applicable to each article separately. Thus, styles F-7 and F-10 are subject to textile category numbers as if the pouches were separately classified. The spectacle pouches, if separately classified, would be classifiable under subheading 4202.32.9550, HTSUSA, and therefore are subject to textile category 670. The travel pouches, if separately classified, would be classifiable under subheading 4202.92.3030, HTSUSA, and therefore are subject to textile category 670.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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.

Sincerely,

John Durant, Director

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