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HQ 954298


October 27, 1993

CLA-2 CO:R:C:T 954298 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92; 6211

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

RE: Classification of a sportsman vest, travel shoulder bag, travel pouches, holster, and clip pouch; other garments, Heading 6211; travel, sports and similar bags; subheading 4202.92

Dear Mr. and Mrs. Miller:

This letter is in response to your request for the tariff classification of a sportsman vest, travel shoulder bag and various pouches. Samples were submitted for examination.

FACTS:

Five samples were submitted for classification, designated as styles S-2, FV-1, F-8C, F-8D, and T-1. You state that you are unsure of what materials these articles are made.

Item S-2, described as a "travel/sportsman vest," is made of a woven textile material. The vest has a zippered front closure and contains no padding. The upper portion of the front of the vest contains 6 small pockets with velcro closure. Two large pockets with a zipper closure are located near the bottom of the front of the vest. All of the pockets are made of corduroy material.

Item FV-1 is a travel pouch that measures approximately 6 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 F-8C, designated as a belt clip holder pouch, measures approximately 4-1/2 inches by 7 inches and is designed to be worn on a belt. It is made of corduroy fabric with man-made fiber trim.

Item F-8D, designated as a hand weapon pouch, is a holster for a pistol. It measures approximately 6 inches by 9 inches and is designed to be worn on a belt. It is made of a man-made textile material with corduroy pocket trim.

Item T-1 is described as a travel shoulder bag with handle. It measures approximately 9 inches by 10 inches and is made of corduroy fabric with man-made textile trim. The travel bag has a shoulder strap and a removable, matching spectacle case affixed to the flap.

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 6201, HTSUSA, provides for, among other articles, windbreakers and similar articles (including padded, sleeveless jackets). The Harmonized Commodity Description and Coding System, Explanatory Notes, the official interpretation of the HTSUSA at the international level, to Heading 6101, which by reference provides for Heading 6201, states at page 831 that this heading covers garments "characterized by the fact that they are generally worn over all other clothing for protection against the weather." The vest at issue does not provide protection against the weather. It has no padding and is worn primarily for the pockets' utilitarian functions. (See Headquarters Ruling Letter (HRL) 089178 of August 8, 1991 and HRL 085966 of March 2, 1990 in which fishing vests were disqualified from Heading 6201.) Consequently, the vest at issue is not classifiable in Heading 6201. Instead, it is classifiable in Heading 6211, HTSUSA, which provides for other garments.

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.

Item FV-1 is a pouch designed for carrying personal effects during travel. Consequently, this item is classified under subheading 4202.92.

Item F-8D, the hand weapon pouch, is similar to a holster; item F-8C, 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 4202.92.60 or 4202.92.90.

Item T-1 is a travel shoulder bag that contains a removable spectacle case. The travel shoulder bag is classifiable under subheading 4202.92. The spectacle case is classifiable under subheading 4202.32, which provides for articles of a kind normally carried in the pocket or in the handbag. Therefore style T-1 is classifiable under two different 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 Explanatory Notes 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 case is removable and could be sold and used separately from the travel bag. 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.

Style T-1 meets all three requirements above for classification as a set. The travel shoulder bag makes up the bulk of this merchandise, while the spectacle case makes up only a small part of this merchandise. The travel shoulder bag clearly imparts the essential character to this merchandise. Consequently, style T-1 is also classified under subheading 4202.92.

All of the submitted articles contain two materials: corduroy, which is composed of cotton or man-made fibers, and another textile fabric. In application of GRI 3(b), these articles are classified at the subheading level, either of cotton or of man-made fibers, according to which material imparts the essential character. For items FV-1, F-8C, and T-1, the corduroy imparts the essential character. For item S-2 the woven textile material imparts the essential character. For item F-8D, the man-made material imparts the essential character.

HOLDING:

Item S-2, the sportsman vest, if classified as of cotton, is classified under subheading 6211.32.0070, HTSUSA, which provides for other garments, men's or boys', of cotton, vests, dutiable at a rate of 8.6 percent ad valorem and subject to textile category 359. If classified as of man-made fibers, this item is classified under subheading 6211.33.0054, HTSUSA, which provides for other garments, men's or boys', of man-made fibers, vests, other, dutiable at a rate of 17 percent ad valorem and subject to textile category 659.

Item F-8C, the belt clip holder pouch, if classified as of cotton, is classified under subheading 4202.92.6090, HTSUSA, which provides for articles of Heading 4202, other, with outer surface of sheeting of plastic or of textile materials, other, other, of cotton, other, dutiable at a rate of 7.2 percent ad valorem and subject to textile category 369. If classified as of man-made fibers this item is 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, dutiable at a rate of 20 percent ad valorem and subject to textile category 670.

Item F-8D, the hand weapon pouch, is essentially of man- made fibers and is classified under subheading 4202.92.9025, HTSUSA, dutiable at 20 percent ad valorem and subject to textile category 670.

Items FV-1, the travel pouch, and T-1, the shoulder bag, if classified as of cotton, 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 rate of 20 percent ad valorem, with item FV-1 being subject to textile category 369. If classified as 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, with item FV-1 being subject to textile category 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 item T-1 as a set, when imported as such, does not affect the visa and quota requirements applicable to each article separately. Thus, item T-1 is subject to textile category numbers as if the pouches were separately classified. The spectacle case, if separately classified, would be classifiable under subheading 4202.32.9530, HTSUSA, if of cotton, and therefore would be subject to textile category 369, or would be classifiable under subheading 4202.32.9550, HTSUSA, if of man-made fibers, and therefore would be subject to textile category 670. The travel bag, if separately classified, would be classifiable under subheading 4202.92.3015, HTSUSA, if of cotton, and therefore would be subject to textile category 369, or would be classifiable under subheading 4202.92.3030, HTSUSA, if of man-made fibers, and therefore would be 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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