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HQ 956895




December 14, 1994

CLA-2 CO:R:C:T 956895 BC

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.4000; 4202.92.1500

Julie M. Miller
Import Manager
Arkay International, Inc
10202 Meridian Avenue North
Seattle, WA 98133

RE: Classification of a messenger bag and messenger pack made of a blended cotton and nylon fabric; PC Ruling 899655 superseded

Dear Ms. Miller:

This responds to your letter of August 11, 1994, wherein you requested reconsideration of Pre-classification Ruling (PC) 899655, issued by the District Director at Seattle on July 25, 1994. We have reviewed the matter, and our decision follows.

FACTS:

On July 25, 1994, our Seattle Customs office issued PC ruling 899655, classifying two carry bags made of a cotton/nylon blended fabric. The bulk of both bags consist of this material, which is a blend of cotton and nylon (Kodra) yarns. The bag identified as a messenger pack (item #33561) was classified in subheading 4202.92.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for travel, sports, or similar bags with an outer surface of textile materials, other, other, of man-made fibers, other. The bag identified as a messenger bag (item #33563) was classified in subheading 4202.12.8030, HTSUSA, which provides for suitcases, vanity cases, attache cases, briefcases, school satchels, and similar containers, with outer surface of textile materials, other, other, of man-made fibers.

The messenger pack (item #33561) is a container similar to a backpack (measuring approximately 16 inches (height) x 14 inches (wide) x 5 inches (front to back)). It has textile straps for carrying the bag on the back. It opens at the top, and has a flap closure that is secured by straps attached to the front of the bag. The outside of the flap has a zippered pocket. There is a zippered pouch on the front of the bag, below the closed flap, and on each side of the bag. The messenger bag (item #33563) is a carry bag with a textile strap that permits carrying over one shoulder (measuring 14 inches (height) x 18 inches (wide) x 5 inches (front to back)). It opens at the top and has a flap closure that is secured by straps attached to the front of the bag. When closed, the flap covers the entire front part of the bag. The outside of the flap has a zippered pocket. Beneath the closed flap, on the front part of the bag, are two pouches with snap closures. Above these pouches is a zippered pocket. The interior of the bag is an open compartment; there are no pockets or smaller compartments inside the bag.

In your letter of August 11, 1994, you contended that the messenger pack and messenger bag should be classified as predominantly cotton bags in subheadings 4202.92.1500, HTSUSA, and 4202.12.4000, HTSUSA, respectively, rather than as bags made of man-made fibers. In support of your contention, you submitted a report of laboratory analysis made by the Korea Inspection & Testing Institute for General Merchandise, dated February 25, 1994. The report concludes that the cotton/nylon blend fabric consists of 59.6% cotton fibers and 40.4% nylon fibers.

ISSUE:

What is the proper classification for each bag described above?

LAW AND ANALYSIS:

There is no dispute as to the classification of the messenger pack (#33561) in subheading 4202.92, HTSUSA, or the messenger bag (#33563) in subheading 4202.12, HTSUSA. Your contention is that classification of the bags at issue beyond the six digit level should be controlled by the bags' predominantly cotton fabric. After discussing the bags' construction with you, examining the samples in our possession, and consulting with the District Import Specialist and the National Import Specialist who handle classifications of this kind, we agree that the fabric comprising the great bulk of the bags is a single fabric made of cotton and nylon yarns that is in chief weight of cotton. We further understand that the classification in PC 899655 was based on a misunderstanding as to the precise construction of the bags, stemming from the initial misidentification of one of the component materials as Cordura and the later confusion over whether the bags consisted of one or two fabrics.

Based on the foregoing new findings, we conclude that the bags at issue are classifiable according to their composition of fabric of vegetable fibers (and not of pile or tufted construction), of cotton.

HOLDING:

The carry bags at issue, identified above as the messenger pack (#33561) and the messenger bag (#33563) and made of a predominantly cotton blended fabric (blended with nylon (Kodra) fibers), are classifiable, respectively, in subheading 4202.92.1500 and 4202.12.4000, HTSUSA. The duty rate and quota designation applicable to each bag are 7.2% ad valorem and #369. Accordingly, this decision supersedes PC ruling 899655.

Sincerely,

John Durant, Director

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