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NY B86148




June 12, 1997

CLA-2-42:RR:NC:TA:341 B86148

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030

Ms. Kelly Thuston
Hallmark Cards, Inc.
Kansas City, MO 64141

RE: The tariff classification of a textile drawstring carrying bag from China.

Dear Ms. Thuston:

In your letter dated May 28, 1997, you requested a classification ruling for a textile drawstring carrying bag.

The sample submitted is identified as style number 895VGB7913. It is a textile drawstring carrying bag manufactured of man-made textile materials. The exterior surface fabric has a velvet pile finish and the interior lining fabric is of a quilted rayon satin material. The bag has a rayon cordage, tasseled, drawstring closure which also serves as a wrist strap when the bag is closed. The bag is of a kind similar to those items designed to contain personal effects. The outer fabric is processed to impart heart designs. Your sample is being returned as you requested.

You have indicated that the article is a gift bag classifiable within tariff Heading 6307, Harmonized Tariff Schedules of the United States, Annotated (HTSUSA). Heading 6307 is a residual provision which provides for "Other made up articles" of textile materials and is subject to Section XI, Legal Note 1(l) which excludes textile articles of Heading 4202, HTSUSA, from classification in any of the provisions of Section XI. Heading 6307 is a provision of Section XI. Succinctly put, merchandise classifiable under Heading 4202 is precluded from classification under Heading 6307 pursuant to Legal Note 1(l), Section XI, HTSUSA. The question to be resolved is whether or not item 895VGB7913 is of a kind similar to the articles of Heading 4202, HTSUSA.

There are two significant court decision which involve the classification of goods within Heading 4202, HTSUSA. These decisions are SGI, Inc. v. United States,, Slip Op 96-22, Court of International Trade (CIT) and Totes, Inc. v. United States, Slip Op 94-154. The CIT discussed at length the legal application of "ejusdem generis" which is the legal term in determining whether or not an imported article is of a kind similar to those of Heading 4202 taken as a whole. The courts emphasized that Heading 4202, HTSUSA is broad in scope and that Customs need only to determine whether the article exhibits the characteristics common to all of the exemplars taken as a whole and not as an individual article for a specific purpose or use. The Courts noted the common characteristics include organizing, storage, protection and portability. The courts did emphasize that whether or not the portability of an import is a primary or ancillary feature is not legally controlling in its classification as a "similar container" under Heading 4202, HTSUSA. The court did emphasize that an imported article need not be a specifically named article of Heading 4202, rather that it be a container of a kind similar to the articles enumerated in the text and notes.

The sample submitted is essentially a carrying bag designed to contain a variety of personal effects. The fact that it is sold as a "Gift Bag" does not alter the basic fact that it is a drawstring bag of a kind similar to those commonly known as lingerie bags, jewelry bags, cosmetic/toiletry bag and a host of similar articles. The basic bag is also similar to a common drawstring purse designed to be carried on the wrist. It does possess the common characteristics of Heading 4202 and is of a kind classified within the Heading. Therefore, it is excluded from classification in Heading 6307 by virtue of the Legal Note 1(l), Section XI, HTSUSA.

Style 895VGB7913 is classified within subheading 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.3 percent ad valorem.

Items classifiable under 4202.92.3030 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel

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