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HQ 954705


January 14, 1994

CLA-2 CO:R:C:T 954705 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 6210.10.4015

Taylor Gurley
The Marketing Group, Inc.
294 East 155th Street
Harvey, IL 60426-3702

RE: Classification of a bag and coveralls made of nonwoven fabric; Headings 4202, 6210

Dear Mr. Gurley:

This letter is in response to your inquiry, requesting the tariff classification of a bag and coveralls. Samples were submitted for examination.

FACTS:

The merchandise at issue consists of a bag and coveralls. An examination shows that both articles are made of "tyvek," a nonwoven fabric of spunbonded olefin made from synthetic fibers.

The submitted bag measures approximately 14 inches by 16 inches. The top of the bag has four holes through which a rope has been inserted, which serves as a means for carrying the bag.

The coveralls are a light weight one-piece garment that have an attached hood with a drawstring tightening. The coveralls have a breast pocket, long sleeves with elasticized cuffs, and a zippered closure which extends from the neck area to the waist area.

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, 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.

The bag at issue is designed for carrying personal effects during travel. Consequently, this item is classified under subheading 4202.92.

Heading 6210, HTSUSA, provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907; subheading 6210.10, HTSUSA, provides of fabrics of heading 5602 or 5603. Since the coveralls at issue are made of nonwoven fabric of Heading 5603, they are classifiable under subheading 6210.10.

HOLDING:

The bag at issue is 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, and the textile category is 670.

The coveralls at issue are classified under subheading 6210.10.4015, HTSUSA, which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: of fabrics of heading 5602 or 5603: other, other, overalls and coveralls. The rate of duty is 17 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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