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HQ 956719


July 21, 1994

CLA-2 CO:R:C:T 956719 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Lisa Baer
Expeditors International of Washington, Inc. 601 N. Nash Street
El Segundo, California 90245

RE: Revocation of New York Ruling Letter 898129; Tariff Classification of Nylon and Polyester Drawstring Bags from Hong Kong.

Dear Ms. Baer:

New York Ruling Letter (NYRL) 898129, dated May 24, 1994, concerned the classification of two drawstring bags composed of man-made fibers under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have had occasion to review this ruling and find that the classification of these articles under subheading 6307.90.9986, HTSUSA, is in error.

FACTS:

The submitted samples are two bags which are described as Part #55-139 and Part #55-190. Part #55-139 is made of 100 percent nylon woven fabric. It measures approximately 21 inches by 19 1/2 inches wide and possesses a drawstring closure. Printed on one side are the legends "Magma," "Marine Cuisine" and a design.

Part #55-190 is a bag composed of 100 percent polyester woven fabric. It measures approximately 20 3/4 inches long by 19 1/4 inches wide and features a drawstring closure. Printed on one side are the legends, "Magma", "Marine Cuisine" and a design.

In a letter dated May 18, 1994, you state that the drawstring bags are designed to fit over the cover of a standard barbecue when the barbecue is not in use. Descriptive literature indicates that the bags are designed to hold and carry a portable and space efficient gas barbecue for use on boats.

In NYRL 898129, the subject merchandise was classified in subheading 6307.90.9986, HTSUSA, which provides for other made up textile articles. However, in NYRL 899257 a nylon drawstring bag which appears to be identical to Part #55-139 was classified in subheading 4202.92.3030, HTSUSA, which provides in pertinent part for travel bags of man-made fibers.

ISSUE:

Whether the drawstring bags are classifiable in subheading 6307.90.9986, HTSUSA, which provides for other made up textile articles; or subheading 4202.92.3030, HTSUSA, which provides in part for travel bags of man-made fibers?

LAW AND ANALYSIS:

Subheading 4202.92, HTSUSA, provides for travel, sports and similar bags of textile materials. Chapter 42, Additional U.S. Note 1, states that:

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 drawstring bags may be used a means to carry the components of a barbecue designed specifically for use on a boat. We regard the barbecue as a "personal effect" in the sense that it is privately owned movable property. As the drawstring bags are designed for carrying personal effects, they are prima facie classifiable as a travel bag in subheading 4202.92, HTSUSA.

Heading 6307, HTSUSA, provides for other textile articles not more specifically described elsewhere in the tariff schedule. The Explanatory Notes (EN) to heading 6307 state in pertinent part, at page 867, that the provision includes:

(5) Domestic laundry or shoe bags, stocking, handkerchief or slipper sachets, pyjama or nightdress cases and similar articles.

(6) Garment bags (portable wardrobes) other than those of heading 42.02.

In addition, the EN to heading 6307, at page 868, state that the heading excludes "travel goods (suit-cases, rucksacks, etc.), shopping-bags, toilet-cases, etc., and all similar containers of heading 42.02."

The foregoing EN indicate that travel containers of heading 4202, HTSUSA, are excluded from heading 6307. Moreover, the exemplars cited as examples of bags classifiable within heading 6307 suggest that certain storage bags are excluded from heading 4202. In this case, the drawstring bags may be used to store the barbecue when not in use. Consequently, they are prima facie classifiable in heading 6307.

In practice, the distinction between travel and storage bags is often difficult to apply. For example, garment bags, shoe bags and similar bags may be principally used for either storage or travel depending upon their construction or design. Furthermore, heading 4202 is not limited to containers used for travel purposes. For example, jewelry boxes are classifiable under heading 4202, despite the fact that they are principally used to store and/or display their contents. Other containers of heading 4202, including cutlery cases, cigarette cases and similar cases, may principally be used for storage purposes, depending upon their construction.

In the past, we have concluded that drawstring bags of insubstantial construction, which are not specially shaped or fitted to contain specific merchandise, are not similar to the containers enumerated in heading 4202. See HRL 950257, dated November 29, 1991; HRL 088411, dated April 23, 1991. In this instance, however, the bags are composed of durable man-made fibers and are suitable for use over a prolonged period of time. Moreover, the bags appear to be shaped to fit the outline of the barbecue cover. Consequently, there are no physical characteristics which preclude the classification of these articles in heading 4202, HTSUSA. In addition, the marketing material in our possession suggests that the bags are designed to carry and protect the barbecue components while traveling on a boat. Therefore, based on the foregoing, we conclude that Part #55-139 and Part #55-190 are classifiable as travel bags of subheading 4202.92, HTSUSA.

HOLDING:

NYRL 898129 is hereby revoked.

The subject merchandise is classifiable under subheading 4202.92.3030, HTSUSA, which provides in pertinent part for travel, sports and similar bags: with outer surface of textile materials: other, other: of man-made fibers. The applicable rate of duty is 20 percent ad valorem. The textile quota category is 670.

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 the subject of frequent negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office.

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

Sincerely,

John Durant, Director

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