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HQ 957473




March 6, 1995

CLA-2 CO:R:C:T 957473 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Anthony Bonatesta, Jr.
Meadows Wye & Co., Inc.
2506 Forest Avenue
Staten Island, New York 10303

RE: Tariff classification of textile drawstring pouches.

Dear Mr. Bonatesta:

This is in response to your letter, dated November 29, 1994, requesting tariff classification under the Harmonized Tariff Schedule of the United States (HTSUS) for two drawstring pouches. Samples were sent to this office for examination.

FACTS:

The submitted samples are two textile drawstring pouches measuring approximately 7 1/4 inches by 5 inches. They are composed of a woven rayon fabric with an exterior surface of man-made fiber flocking. You state that the pouches will be used to store ceramic stones contained within a book.

ISSUE:

What is the proper tariff classification for the textile drawstring pouches?

LAW AND ANALYSIS:

Heading 4202, HTSUS, provides for:

Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper.

Thus, the heading encompasses the enumerated articles and similar containers. In Totes, Incorporated v. United States, Slip Opinion 94-154, the Court of International Trade held that "the essential characteristics and purpose of the Heading 4202 exemplars are...to organize, store, protect and carry various items."

Heading 6307, HTSUS, provides for other textile articles not more specifically described elsewhere in the tariff schedule. The Explanatory Note (EN) to heading 6307, at page 867, states in pertinent part 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, states that the heading excludes "travel goods (suit-cases, rucksacks, etc.), shopping-bags, toilet-cases, etc., and all similar containers of heading 42.02." It should be noted that articles such as laundry or shoe bags may take the form of a drawstring bag or pouch.

The foregoing indicates that travel containers of heading 4202, HTSUS, 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 practice, the distinction between travel and storage bags is 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 marginal circumstances, we regard the substantiality of the container as a pertinent consideration. Substantial containers are more likely to be used for carrying items during travel and are better able to protect their contents. The term "substantial" in this context refers not only to the material composition of the article, but also to whether it has been designed for repetitive use. Thus, lined jewelry pouches constructed of quality materials have been classified in heading 4202 as they were suitable for use during travel. See Headquarters Ruling Letter (HRL) 950000, dated October 31, 1991. By way of contrast, a textile gift bag has been regarded as insubstantial in light of its material composition and the fact that it was not designed for continued use. See HRL 956234, dated November 14, 1994.

In addition, the Explanatory Note to heading 4202 excludes certain containers which are not specially shaped or fitted. For example, jewelry boxes of a kind sold at retail with their contents are classified in the heading only if they are specially shaped or fitted to hold their contents. We regard this requirement as a relevant consideration when classifying merchandise at the periphery of the heading. Containers which are fitted are better suited for organizing and storing merchandise. Thus, jewelry pouches of an insubstantial construction have been excluded from heading 4202 when not fitted to hold jewelry. See HRL 953176, dated March 16, 1993.

In this instance, the pouches are insubstantial in the sense that they are not designed for travel purposes. On the other hand, it should be noted that they are capable of repetitive use and will be used to store their contents. We regard this as a borderline situation. Under these circumstances, pouches will be excluded from heading 4202 on the basis that they are not specially shaped or fitted. In this regard, they are similar to jewelry pouches of similar construction which have also been excluded from heading 4202 when not fitted to hold their contents. Therefore, the drawstring pouches are classified according to their constituent materials in heading 6307, HTSUS.

HOLDING:

The subject merchandise is classifiable under subheading 6307.90.9989, HTSUS, which provides for other made up articles, including dress patterns: other: other: other, other: other. The applicable rate of duty is 7 percent ad valorem.

Sincerely,

John Durant, Director

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