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HQ 958000




October 20, 1995

CLA-2 R:C:T 958000 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Mr. Marty Langtry
Tower Group International, Inc.
2400 Marine Avenue
Redondo Beach, California 90278-1103

RE: Reconsideration of New York Ruling Letter (NYRL) 809003; "Diabetic Carrying Case;" Travel/Toiletry Bag; Not Kind Normally Carried in Pocket or Handbag

Dear Mr. Langtry:

This letter is in response to your request of May 5, 1995, on behalf of your client, Koszegi Industries, Inc., for reconsideration of NYRL 809003, issued April 26, 1995, and pertaining to the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of an item identified as a "diabetic carrying case" to be imported from either China or the Philippines. A sample was submitted with your request.

FACTS:

In NYRL 809003, the article was classified in subheading 4202.92.3030, HTSUSA, textile category 670, the provision for "Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man-made fibers: Other," with an applicable duty rate of 19.8 percent ad valorem. The cases, which are designed to carry small medical supplies, will be imported empty and sold only to a medical equipment company. That company will insert supplies needed by diabetics (e.g., syringes, testing tools, etc.), then sell the kits to doctors, hospitals, or clinics, which will either sell or give them to diabetics. -2-

The sample is a carrying bag that measures approximately 7 inches in length by 4-1/4 inches in height by 1-1/2 inches in depth, is zippered on 3 sides, and is similar to a travel or toiletry case. The bag's exterior is composed of nylon woven fabric. The interior features 2 clear plastic pockets, each of which extends the length and height of each side. A nylon zippered bag, which measures approximately 6-1/2 inches by 3-1/4 inches, is sewn into one of the interior ends.

ISSUE:

Whether the "Diabetic Carrying Case" is classified in subheading 4202.32.9550, HTSUSA, the provision for articles of a kind normally carried in the pocket or handbag, with outer surface of textile materials, of man-made fibers; or subheading 4202.92.3030, HTSUSA, the provision for travel, sports and similar bags, with outer surface of textile materials, of man- made fibers.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRIs.

Heading 4202, HTSUS, provides, in part, for traveling bags, toiletry bags, handbags, wallets, cigarette cases, tobacco pouches and similar containers. Since the "diabetic carrying case" is similar to a traveling or toiletry bag, it is covered by the heading.

Subheading 4202.32, as well as subheadings 4202.31 and 4202.39, HTSUS, cover articles of a kind normally carried in the pocket or handbag. The subheading EN to these subheadings states

[t]hese subheadings cover articles of a kind normally carried in the pocket or in the handbag and include spectacle cases, note-cases (bill-folds), wallets, purses, key-cases, cigarette-cases, cigar-cases, pipe-cases and tobacco-pouches.

Although the listed examples are merely guidance to facilitate classification, they provide an indication that the "diabetic carrying case" is not within the scope of subheading 4202.32, HTSUS. We note that most, if not all, of the example articles would not only fit comfortably into handbags, but also into pockets of shirts, coats, or trousers. Even without contents, the "diabetic carrying case" would be a tight fit in a large coat pocket, and be unlikely to fit into most other pockets.

Subheading 4202.92, HTSUS, provides in part for travel, sports and similar bags. Additional U.S. Note 1 to chapter 42, HTSUS, states that:

[f]or 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.

You essentially contend that, due to the nature of diabetes, the diabetic must use the instruments to be contained in this case several times a day, and that since the case has no strap or other carrying attachment, it is designed to fit into a handbag or other bag.

In Headquarters Ruling Letter (HRL) 956666, issued May 30, 1995, this office classified two separate cosmetic bags, one with a "hanging loop" and one without, but each with approximately the same size and features as the "diabetic carrying case." We cited to HRL 951534, issued August 4, 1992, for that ruling's conclusion that, although smaller cosmetic bags might reasonably by described by either provision, the subheading for travel, sports and similar bags (4202.92, HTSUS) more specifically provides for all cosmetic bags than the subheading for articles of a kind normally found in the handbag (4202.32). We then determined that all articles answering to the description of cosmetic or toiletry bags are principally used for travel, and classified the cosmetic bags as travel bags of subheading 4202.92.3030, HTSUSA. We likewise find that the "Diabetic -4-

Carrying Case" is the kind of bag designed to carry a diabetic's personal effects during travel, and is classified in subheading 4202.92.3030, HTSUSA.

HOLDING:

The article identified as a "Diabetic Carrying Case" is properly classified in subheading 4202.92.3030, HTSUSA, textile category 670, the provision for "Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man- made fibers: Other." The applicable rate of duty is 19.8 percent ad valorem.

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.

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.

NYRL 809003, issued April 26, 1995, is hereby affirmed.

Sincerely,

John Durant, Director

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