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HQ 959212




September 3, 1997

CLA-2 RR:TC:FC 959212K

CATEGORY: CLASSIFICATION

TARIFF NO.: 6215.20.0000

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, New York 14213

RE: Reconsideration of New York Ruling Letter (NYRL) A80618, Dated March 18, 1996; Neck
Tie In A Bottle

Dear Ms. Hagyard:

In your letter dated April 30, 1996, on behalf of your client, Empire Trading, you requested that we reconsider NYRL A80618, dated March 18, 1996. The ruling held that a man's necktie contained in a bottle, was classified as a tie of man made fibers in subheading 6215.20.0000, Harmonized Tariff of the United States (HTSUS) (1996), dutiable at 26. 2 cents, plus 13.3 percent ad valorem, and subject to quota as a textile product of Korea. The bottle was separately classified as a glass bottle of a kind used for conveyance or packing of goods, in subheading 7010.92.5065, HTSUS, free of duty. You opine that the product, a tie in a bottle, is a novelty article classified in subheading 9505.90.6090, HTSUS, free of duty. Our decision follows.

FACTS:

A sample of a tie in a bottle was submitted. The man's necktie is made in Korea of 100 percent polyester. The scene on the sample necktie depicts various U.S. paper currency. The brochure depicts ties in bottles with other scenes such as a violin, wolves or similar animals and fish. The bottle is approximately 12 inches in height, 2 « inches in circumference at the bottom and narrows to one inch at the neck. The bottle is in the shape of a 750 millimeter container for wine or other beverages. The tie from Korea is inserted and positioned in the bottle so that it hangs properly. The bottle is then capped, labeled and boxed. The bottle, label, shrink cap, and box are all made in Canada. No information was submitted to show the values of the tie, and other materials. The label states "Tie One On". When the tie is removed from the bottle, it can be worn by a man in the same manner as any other man's necktie. The necktie appears well constructed and durable. It is stated that the product is sold as a novelty item to be used as a gift or a conversation piece.

ISSUE:

The issue is whether a man's necktie and glass container are separately classified.

LAW AND ANALYSIS:

Heading 9505, HTSUS, provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof. There is no dispute that the necktie as described above is a standard man's necktie not classified by itself in heading 9505 and that the glass bottle is a container for packing and marketing of goods not classified by itself in heading 9505. The tie may be removed from its container and used as any other standard man's necktie. The label on the glass container "Tie One On" does not change the fact that we have merchandise, a necktie, packaged and sold in a container.

The General Rule of Interpretation (GRI) 5, HTSUS states as follows:

5. In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character;

(b) Subject to the provisions of rule 5(a) above, packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such packing materials or packing containers are clearly suitable for repetitive use.

The glass bottle is not the type of packing container which is normally sold with or used for packing a man's necktie. Accordingly, the glass bottle is classified separately.

HOLDING:

The man's necktie, as described above, is classified as ties, bow ties and cravats of man- made fibers, in subheading 6215.20.0000, HTSUS, with duty at the 1996 general rate of 26.2 cents per kg., plus 13.3 percent ad valorem and at the 1997 general rate 26 cents per kg., plus 13.3 percent ad valorem. The quota category is 659.

The designed 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 negotiations and changes, 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 restraints or requirements.

The glass bottle is classified as glass containers (with or without their closures), of a kind used for conveyance or packing of goods, in subheading 7010.92.50, HTSUS, with a 1996 free rate of duty.

NYRL A80618 dated March 18, 1996, is affirmed.

Sincerely,

John Durant, Director

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