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HQ 960135




July 11, 1997

CLA-2 RR:TC:TE 960135 DHS

CATEGORY: CLASSIFICATION

TARIFF NO: 4202.32.9550

Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway 43rd Floor
New York, New York 10036-8901

RE: Tariff classification of a drawstring pouch

Dear Ms. Johannessen:

This is in response to a request for reconsideration of New York Ruling Letter (NY) A88468, dated November 15, 1996, which classified a drawstring pouch under heading 4202, of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). You presented this request on behalf of your client, Marchon Eyewear, Inc.

FACTS:

The sample submitted is a soft eyewear pouch with drawstring. No style number has been provided. It is manufactured of a man-made textile material of 50 percent nylon and 50 percent polyester fibers. The pouch measures approximately seven inches in height and three inches in width and has a drawstring closure at the top of the long side. It is assumed the pouch will be imported empty and not with the eyewear. The sample provided at the time of rendering NY A88468 did not display any logo. The sample provided to this office does bear an eyewear brand logo. The purpose of the pouch is to hold glasses and to provide as a lens cleaner.

You contend that the pouch should be classified in heading 6307, HTSUS, which provides for other made up articles of textile materials, and not within heading 4202, HTSUSA, which provides for spectacle cases and similar containers.

ISSUE:

What is the proper classification of the subject merchandise?

LAW AND ANALYSIS:

Classification under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined in accordance with the terms of the headings 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 are then applied.

The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRIs.

Heading 4202, HTSUSA, provides, in part, for "[t]runks, suitcases, vanity cases ... spectacle cases, binocular cases, camera 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.

Heading 6307, HTSUS, provides for "[o]ther made up articles" of textile materials.

Drawstring pouches have been classified under both heading 4202, HTSUS and heading 6307, HTSUS. Where a pouch is considered specially designed to hold an article, and of adequate construction to be used repeatedly (rather than discarded), it is classifiable under heading 4202, HTSUS. If it is the kind of article to be carried in the pocket or handbag, with an outer surface of textile material, it is classifiable under subheading 4202.32, HTSUSA. Pouches that have been found to fall outside heading 4202, HTSUS, are those that are considered not specially designed to hold a particular article and not adequately constructed for repeated use.

We agree with the holding in NY A88468 that the subject drawstring pouch is adequately constructed for repeated use. The dimensions of the pouch make clear that the glasses will be adequately accommodated therein. Furthermore, the logo which states that eye glasses are held within and the fabric content which makes the article suitable for a lens wipe characterize the article in question as one specially designed to function as a glass pouch. Similar holdings may be found in HQ 959524, dated November 4, 1996 and HQ 959525, dated February 4, 1997. Accordingly, the subject merchandise is properly classified in subheading 4202.32.9550, HTSUSA, which provides for, among other things, "Articles of a kind normally carried in the pocket or in the handbag: With outer surface of sheeting of plastic or of textile materials: With outer surface of textile materials: Other: Other, Of man-made fibers".

HOLDING:

The eyewear pouch with drawstring is classified in subheading 4202.32.9550, HTSUSA, which provides for "Articles of a kind normally carried in the pocket or in a handbag: With outer surface ... of textile materials: With outer surface of textile materials: Other, Other, Of man-made fibers". It is dutiable at the general rate of duty at 19.3 percent ad valorem, and the applicable textile 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 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, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,
John Durant, Director
Tariff Classification
Appeals Division

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