HQ 0954296 - Classification of travel pouches, spectacle case and belt; travel, sports and similar bags, 4202.92; articles of a kind normally carried in the pocket or handbag, 4202.32; clothing accessories, 6217.10 - United States International Trade Commision Rulings

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HQ 954296

November 30, 1993

CLA-2 CO:R:C:T 954296 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32; 4202.92; 6217.10

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

RE: Classification of travel pouches, spectacle case and belt; travel, sports and similar bags, 4202.92; articles of a kind normally carried in the pocket or handbag, 4202.32; clothing accessories, 6217.10

Dear Mr. and Mrs. Miller:

This letter is in response to your request for the tariff classification of travel pouches, a spectacle case and a belt. Samples were submitted for examination.

FACTS:

Five samples were submitted for classification, designated as styles K-1, K-2, K-4, A-1, and F-20. You state that you are unsure of what materials the corduroy fabric employed in much of this merchandise is made.

Item K-1 is a travel pouch that measures approximately 4 inches by 6+ inches and is designed to be worn on a belt. It contains two small pockets on its front, one with a snap closure and the other with a zipper closure. It is made of corduroy fabric with man-made fiber trim.

Item K-2 is a travel pouch that measures approximately 3+ inches by 6 inches and is designed to be worn on a belt. It is made of corduroy fabric with man-made fiber trim.

Item K-4 is a travel pouch that measures approximately 5 inches by 9 inches and is designed to be worn on a belt. It contains two small pockets on its front, one with a snap closure and the other with a zipper closure. It is made of corduroy fabric with man-made fiber trim.

Item A-1 is a spectacle case that measures 3+ inches by 6+ inches and has a snap closure. This item is made of corduroy fabric.

Item F-20, designated by you as a "travel/sportsman belt," measures approximately 2+ inches wide. It is made of man-made fibers and contains a metal clip.

ISSUE:

What is the classification of the merchandise at issue under the Harmonized Tariff Schedule of the United States Annotated

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, sports 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.

Items K-1, K-2, and K-4 are pouches designed for carrying personal effects during travel. Consequently, these items are classified under subheading 4202.92.

Subheading 4202.32, HTSUSA, provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic or of textile materials. According to the Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, at page 613, subheading 4202.32 covers articles of a kind normally carried in the pocket or in the handbag and include spectacle cases (emphasis added), note-cases (bill-folds), wallets, purses, key-cases, cigarette- cases, cigar-cases, pipe-cases and tobacco-pouches. Consequently, item A-1, the spectacle case, is classified under subheading 4202.32.

Heading 6217, HTSUSA, includes other made up clothing accessories. According to the Explanatory Notes, at page 859, this heading includes belts of all kinds (including bandoliers) and sashes (e.g., miliary or ecclesiastical), of textile fabric, whether or not elastic or rubberized or of woven metal thread. These articles are included here even if they incorporate buckles or other fittings of precious metal, or are decorated with pearls, precious or semi-precious stones (natural, synthetic or reconstructed). Item F-20 is a belt, classifiable in Heading 6217.

HOLDING:

Items K-1, K-2, and K-4, the travel pouches, if composed of cotton fabric, are classified under subheading 4202.92.3015, HTSUSA, which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, of cotton, dutiable at a rate of 20 percent ad valorem and subject to textile category 369. If composed of man-made fibers, these articles 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, dutiable at a rate of 20 percent ad valorem and subject to textile category 670.

Item A-1, the spectacle case, if composed of cotton fabric, is classified under subheading 4202.32.9530, HTSUSA, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of cotton, dutiable at a rate of 20 percent ad valorem and subject to textile category 369. If composed of man-made fibers, this article is classified under subheading 4202.32.9550, HTSUSA, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, other, of man-made fibers, dutiable at a rate of 20 percent ad valorem and subject to textile category 670.

Item F-20, the belt, is classified under subheading 6217.10.0030, HTSUSA, which provides for other made up clothing accessories, accessories, of man-made fibers. The rate of duty is 15.5 percent ad valorem, and the textile category is 659.

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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