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HQ 960403




August 1, 1997
CLA-2 RR:TC:TE 960403 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.6090

Margaret A. Adams
Eastport Customs Brokers, Inc.
732 Thimble Shoals Blvd, Suite 302A
Newport News, VA 23606

RE: Classification of wine bottle bag; durable construction; storage and protection; heading 4202, HTSUS

Dear Ms. Adams:

This is in response to your letter, dated April 26, 1996, on behalf of your client, C & F Enterprises, Inc., regarding the classification of a textile wine bottle bag with a cord and tassel closure under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We regret the delay in responding to your inquiry. A sample was submitted to this office for examination.

FACTS:

The submitted sample consists of a textile bag or sack with a cord and tassel closure, constructed of a number of layers as discussed below. Based on a Customs laboratory report, the exterior surface of the bag is made of a woven cotton velveteen fabric (pile fabric) weighing approximately 284.8 grams per square meter. The lower two thirds of the bag is lined with an inner layer consisting of a plain woven cotton fabric, and the upper one third of the bag is lined with a second layer of cotton velveteen fabric in a contrasting color. The upper layer of cotton velveteen fabric is designed to be folded down to expose the contrasting colored velveteen lining . In addition to its decorative effect, the contrasting velveteen lining provides substantial cushioning to protect the bottle from breakage when being transported. Two highly decorative gold cords (made of multi-ply cabled yarn) with tassels at both ends are sewn into the seam of the bottle bag.

You state that the bag will be imported unfilled and will be marketed as a decorative gift item.

ISSUE:

What is the proper classification for the subject merchandise?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that classification shall be determined according to the rules of the headings and any relative section or chapter notes, taken in order. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI.

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. (Emphasis added). In Totes, Inc., v. United States, 18 C.I.T. 919, 865 F. Supp. 867, 871 (1994), the Court of International Trade concluded that the "essential characteristics and purpose of Heading 4202 exemplars are...to organize, store, protect and carry various items." The Court also ruled that by virtue of ejusdem generis the residual provision for "similar containers" in heading 4202, HTSUS, is to be broadly construed.

The subject merchandise is designed to suit the needs of the bottle(s) it will carry . The dimensions of the bag comfortably fit over most wine bottles and the cord, in the closed position, is strategically located at the neck of the bottle to allow the bag to be closed with ease. The pile fabric construction also provides an added cushion of protection for the wine bottle in the event of any sudden blows to the bottle encased therein. The sturdy construction of the bag thus ensures not only the repetitive use of the "wine bag", but that it will also be used as a decorative and "protective packing" for the bottles it will transport.

It is clear that the subject merchandise is of a strong and durable construction. The purpose of the bag therefore becomes to 1) provide protection against breakage of the bottle; 2) secure a means by which to carry the bottle. We also note that "bottle cases" are specifically enumerated in heading 4202, HTSUS. Although the subject bag is not a "case", it does share the fundamental characteristics attributable to the cases, that is, as it relates to storage and protection. As such, these protective, storage and organizational properties clearly make the bag the type of article provided for under heading 4202, HTSUS.

HOLDING:

The subject merchandise is properly classified in subheading 4202.92.6090, HTSUSA, which 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: other: with outer surface of sheeting of plastic or of textile materials: other: of cotton; other. The applicable rate of duty is 6.9 percent ad valorem and the quota category is 369.

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 negotiations and changes, we suggest that your client 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, your client should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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