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HQ 955816


May 19, 1994

CLA-2 CO:R:C:T 955816 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500

Vance McFarland
Import Specialist
Tower Group International, Inc.
821 Second Avenue, #1400
Seattle, Washington 98104-1476

RE: Classification of a "pet bag"; Heading 4202; travel, sports and similar bags

Dear Mr. McFarland:

This letter is in response to your inquiry, dated January 13, 1994, on behalf of HTP International Company, Ltd., requesting the tariff classification of a "pet bag." A sample was submitted for examination.

FACTS:

The submitted sample, designated by you as a pet bag, is a carrying bag composed of 100 percent woven cotton fabric. The item is unlined and measures approximately 14+ inches by 6+ inches with 4-inch gussets. There are two webbed textile loops measuring approximately 4 inches in length sewn to each top side of the bag. It is secured by means of a textile zippered closure that spans the entire top width of the bag. You state that the bag is designed to carry a pet's accessories, such as food, collars, etc.

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, 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.

The design features and characteristics of the bag are similar to those of articles classified as travel, sports and similar bags; the bag contains no special features that indicate it is intended for use by pets or for use for pet accessories. Indeed, the subject merchandise is a bag that could be used by a person for travel, and by its design appears to be intended for such use. Consequently, the subject merchandise is classifiable as a travel, sports and similar bag in subheading 4202.92, HTSUSA.

HOLDING:

The merchandise at issue is classified under subheading 4202.92.1500, HTSUSA, which provides for travel, sports and similar bags: with outer surface of textile materials: of vegetable fibers and not of pile or tufted construction: of cotton. The rate of duty is 7.2 percent ad valorem, and the textile category is 369.

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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