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HQ 964197




August 18, 2000

CLA-2: RR:CR:TE 964197 ASM

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031

Ms. Betty Pettis
Planning and Logistics Office
Blue Ridge International Products Co.
P.O. Box 989
Freeport, FL 32439-0989

RE: Request for Binding Ruling; Polar Fleece Shoe Pouch; Subheading 4202.92.3031, HTSUSA

Dear Ms. Pettis:

This is in response to your correspondence of March 15, 2000, in which you request a binding ruling regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a polar fleece shoe pouch. A sample has been provided with the request.

FACTS:

The subject item is identified as the “Big Sky Shoe Sack” and described by you as a “storage pouch designed to neatly hold and protect shoes while in travel bags, helping to eliminate additional scuffing while also preventing damage to clothing.” The item consists of a polyester material and measures 14.5 inches long x 7.5 inches wide. The bag has a drawstring closure and bears a 6 inch x 6 inch zippered pocket (with an embroidered “Big Sky” label) of matching polyester,,,, which is sewn to one of the two “Shoe Sacks.” The cardboard packaging displays color pictures of the “Shoe Sacks” being packed with dress shoes in luggage and for use with golf shoes, golf balls, gloves, and tees. The package also describes the “Shoe Sacks” as “self shine” and that the “Soft, Thermal Fleece Fabric Buffs Your Shoes While You Travel.” The following features are noted on the packaging:

Vibrations in travel move the fleece sacks across surface of shoes and keeps them shiny
Zippered pocket holds polish, rag and brush Perfect for golf shoes and zippered pocket can hold tees, balls and glove
Features drawstring closure

ISSUE:

What is the proper classification for the merchandise?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined 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 heading and legal notes do not otherwise require, the remaining GRI 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 HTSUSA by offering guidance in understanding the scope of the headings and GRI.

Customs has previously ruled that drawstring textile shoe bags or pouches are classifiable under heading 6307, HTSUSA, as “Other made up articles.” However, these rulings did not involve merchandise specifically intended/marketed for travel purposes. See Headquarters Ruling Letter (HQ) 084257, dated July 18, 1989; HQ 085961, dated March 9, 1990; HQ 086206, dated April 13, 1990; HQ 088411, dated April 23, 1991. The EN to 6307 specifies that the heading covers those made up articles of textile material “which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature” and particularly including: (5)“ shoe bags.” However, we note that the EN excludes (b) “Travel goods and all similar containers of heading 4202” (emphasis supplied). In the instant case, the subject shoe pouches are excluded from classification under heading 6307, HTSUSA, because they are designed and marketed as a travel good.

Heading 4202, HTSUSA, specifically covers various cases and containers, and provides as follows:

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.

Additional U.S. Notes to Chapter 42 state, in relevant part: “1. For 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”. 2

The EN to 4202 indicates that the heading covers only the articles specifically named and similar containers. While “shoe bags” are not specifically named in heading 4202, HTSUSA, the subject bags are designed for travel. Accordingly, they are similar to the travel bags specified in 4202. However, in order to classify the subject goods as “similar” under 4202, HTSUSA, we must look to factors, which would identify the merchandise as being ejusdem generis (of a similar kind) to those specified in the provision.

In the case of Totes, Inc. v. United States, 18 CIT 919, 865 F. Supp. 867(1994), aff’d. 69 F. 3d 495 (1995), the Court of Appeals stated as follows:

As applicable to classification cases, ejusdem generis requires that the imported merchandise possess the essential characteristics or purposes that unite the articles enumerated eo nomine [by name] in order to be classified under the general terms.

In classifying goods under the residual provision of “similar containers” of 4202, HTSUSA, the Court of Appeals affirmed the trial court’s decision and found that the rule of ejusdem generis requires only that the imported merchandise share the essential character or purpose running through all the containers listed eo nomine in heading 4202, HTSUSA., i.e., “to organize, store, protect and carry various items.”

You have stated that the subject shoe bags are intended as a “storage pouch designed to neatly hold and protect shoes while in travel bags, helping to eliminate additional scuffing.” Furthermore, the packaging promotes the shoe bag’s use for travel purposes to carry and protect shoes while the zippered pouch can be used to organize shoe accessories: polish, rag, brush, tees, golf balls and gloves. Pursuant to the Totes case (supra) the travel shoe pouches are classifiable under 4202, HTSUSA, because they share with the containers listed eo nomine, the essential characteristics of organizing, storing, protecting, and carrying shoes and other personal effects while traveling

In view of this decision, we intend to revoke HQ 950281, dated February 3, 1993, which classified “shoe protector bags” designed and marketed for travel, as classifiable under subheading 6307.90.9986, HTSUSA.

HOLDING:

The subject merchandise is correctly classified in subheading, 4202.92.3031, 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, 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: Travel, sports and similar bags: With outer surface of textile materials: Other, Other: Of man-made fibers: Other.” The general column one duty rate is 18.6 percent ad valorem.

3
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.

Sincerely,

John Durant, Director

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