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HQ 964236




April 18, 2002

CLA-2 RR:CR:TE 964236 jsj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Thomas F. Trost
Phoenix International Freight Services, Ltd. 4659 World Parkway Circle
St. Louis, Missouri 63134

RE: Classification of textile bags; Domestic Laundry Bags; Subheading 6307.90.9889 HTSUSA; HQ 964711 (April 2, 2002) Incorporated by Reference.

Dear Mr. Trost:

The purpose of this correspondence is to respond to your request of May 1, 2000, directed to the U.S. Customs Service, National Commodity Specialist Division. The correspondence in issue requested, on the behalf of your client Whitney Design, Inc., a binding classification ruling on eight textile bags that were marked “reserved” by the Customs Service subsequent to a pre-classification review and reconsideration of two textile bags that were pre-classified by Customs.

The articles that were marked “reserved” and for which binding classification rulings are being provided include: (1) Item 120-1, “the clothes line Laundry Bag” “Cotton Blend”; (2) Item 120-1WM, “Heavyweight Laundry Bag”; (3) Item 120-4, “Nylon / Mesh Laundry Bag”; (4) Item 120-5, “Heavyweight Laundry Bag”; (5) Item 131, “Mesh Laundry Bag”; (6) Item 131-2, “the clothes line Laundry Bag” “MESH Twin Pack”; (7) Item 133, “Stuff n’ Wash”; and (8) Item 151, “the clothes line Laundry Bag” “Nylon.”

The articles that were pre-classified by Customs and for which reconsideration is being provided are: (9) Item 120-2, “Travel Laundry Bag”; and (10) Item 130-2, “Denim Laundry Bag.”

This ruling letter is being issued subsequent to the following: (1) A review of the submission of Phoenix Freight Services Ltd. dated May 1, 2000; (2) A review of Customs pre-classification decisions; and (3) An examination of the samples packaged as they will be sold at retail with sales literature.

FACTS

The articles for which a binding classification ruling and reconsideration of a pre-classification decision are being provided are:

The sample numbered item 120-1 is a textile bag identified in the sales literature as “the clothes line Laundry Bag” “Cotton Blend.” It measures thirty-five and one-half (35 1/2) inches in length and twenty-four (24) inches in width. The sales literature states measurements of thirty-six (36) inches in length and twenty-four (24) inches in width. It is manufactured of a “poly-cotton blended fabric” according to the sales literature and is further described in correspondence to the Customs Service as being a blend of sixty-five (65) percent polyester and thirty-five (35) percent cotton. The material, prior to sewing, was folded over from side to side and then hemmed on one side and the bottom. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is an “all purpose bag” and “fits standard hampers & sorter frames.”

The sample numbered item 120-1WM is a textile bag identified in the sales literature as “Heavyweight Laundry Bag.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of a “poly-cotton blended fabric” according to the sales literature and is further described in correspondence to the Customs Service as being a blend of sixty-five (65) percent polyester and thirty-five (35) percent cotton. The material, prior to sewing, was folded in half from top to bottom and then hemmed on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is “[d]urable” and suitable for “[l]aundry, duffle, storage and utility uses.” This article is identical in all respects, except for a minor size difference, with the article identified as item 120-1.

The sample numbered item 120-4 is a textile bag identified in the sales literature as a “Nylon / Mesh Laundry Bag.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of a “Nylon Mesh” according to the sales literature and is further described in correspondence to the Customs Service as being a “nylon with polyester mesh.” The bottom seventeen (17) inches of the article is manufactured of solid nylon material. It was folded in half from top to bottom and hemmed on both sides. The top nineteen (19) inches of the article is manufactured of a mesh material. It is hemmed to the solid nylon bottom and on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is suitable for “[l]aundry, duffle, storage and utility uses.”

The sample numbered item 120-5 is a textile bag identified in the sales literature as “Heavyweight Laundry Bag.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of a “poly-cotton blended fabric” according to the sales literature and is further described in correspondence to the Customs Service as being a blend of sixty-five (65) percent polyester and thirty-five (35) percent cotton. The material, prior to sewing, was folded in half from top to bottom and then hemmed on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is “[d]urable” and suitable for “[l]aundry, duffle, storage and utility uses.” This article is identical in all respects with item 120-1WM and, except for a minor size difference, with the article identified as item 120-1.

The sample numbered item 131 is a textile bag composed entirely of a mesh material. It is identified in the sales literature as a “ Mesh Laundry Bag.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of a “heavyweight nylon mesh” according to the sales literature and is further described in correspondence to the Customs Service as being “nylon mesh.” The material, prior to sewing, was folded in half from top to bottom and then hemmed on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is “[d]urable” and suitable for “[l]aundry, duffle, storage and utility uses.”

The sample numbered item 131-2 is a textile bag composed entirely of a mesh material. It is identified in the sales literature as a “the clothes line Laundry Bag” “MESH.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of a “polyester mesh fabric” according to the sales literature and is further described in correspondence to the Customs Service as being “100 % polyester mesh.” The material, prior to sewing, was folded in half from top to bottom and then hemmed on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is “washable, air-flow mesh fits standard hamper & sorter frames.”

The sample numbered item 133 is a textile bag composed entirely of a mesh material. It is identified in the sales literature as “ Stuff n’ Wash.” It measures thirty-five (35) inches in length and twenty-five (25) inches in width. The sales literature states measurements of thirty-four (34) inches in length and twenty-four (24) inches in width. It is manufactured of a “heavyweight nylon mesh” according to the sales literature and is further described in correspondence to the Customs Service as being “nylon mesh.” The material, prior to sewing, was folded in half from side to side. It is hemmed in the back center of the bag where the material meets and also along the bottom. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The bag also features a pocket on the front of the bag and a carrying strap on the rear of the bag. The pocket is centered eight (8) inches from the bottom of the bag, is composed of the same material as the bag and measures thirteen and three-fourths (13 3/4) inches long, and thirteen and three-fourths (13 3/4) inches wide. The carrying strap is composed of a solid man-made textile material. It is one and one-half (11/2) inches wide and extends the length of the bag. It is sewn to the bag at the top and bottom.

The sample numbered item 151 is a textile bag identified in the sales literature as “the clothes line Laundry Bag” “Nylon.” It measures thirty-six (36) inches in length and twenty-four (24) inches in width. The sales literature states identical measurements. It is manufactured of “100% nylon” according to the sales literature and is further described in correspondence to the Customs Service as being “210 D Nylon Polyester Blend.” The material, prior to sewing, was folded over from side to side and then hemmed on one side and the bottom. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is of “durable construction for long use.”

The sample numbered item 120-2 is a textile bag identified in the sales literature as a “Travel Laundry Bag.” It measures fifteen and one-fourth (15 1/4) inches in length and twenty (20) inches in width. The sales literature states measurements of fifteen (15) inches in length and twenty (20) inches in width. The sales literature does not identify the material of which the bag is composed. It is described in correspondence to the Customs Service as being “nylon with polyester mesh.” The bottom ten and one-fourth (10 1/4) inches of the article is manufactured of solid nylon material. It was folded in half from top to bottom and then hemmed on both sides. The top ten (10) inches of the article is manufactured of a mesh material. The top mesh is hemmed to the solid nylon bottom and on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is of “heavy duty construction” and that the bag can be washed with the laundry.

The sample numbered item 130-2 is a textile bag identified in the sales literature as a “Denim Laundry Bag.” It measures thirty-three and one-half (33 1/2) inches from the top of the bag to the bottom and twenty-three and three-fourth (23 3/4) inches in width. The bottom is five (5) inches wide and flat. The material at the bottom corners of the bag was folded over to form a triangle. It was then sewn at the base of the triangle of material to form the five-inch wide flat bottom to the bag. The sales literature states measurements of thirty-six (36) inches in length and twenty-four (24) inches wide. The sales material does not describe the flat bottom nor state its measurements. The bag is manufactured, according to the sales literature, of “polypropylene non-woven fabric.” It is described in correspondence to the Customs Service as being a blend of sixty-five (65) percent polyester and thirty-five (35) percent cotton. The material, prior to sewing, was folded in half from top to bottom and then hemmed on both sides. The bag features a textile drawstring closure at the top with a plastic, spring-operated locking mechanism on the drawstring. The sales literature notes that the article is “[d]urable” and suitable for “[l]aundry, duffle, storage and utility uses.”

ISSUE

What is the classification, pursuant to the Harmonized Tariff Schedule of the United States Annotated, of the Whitney Design, Inc. articles described above and identified as items 120-1, 120-1WM, 120-4, 120-5, 131, 131-2, 133, 151, 120-2 and 130-3 ?

LAW AND ANALYSIS

The Customs Service in Headquarters Ruling Letter 964711 (April 2, 2002) classified substantially similar merchandise in subheading 6307.90.9889, HTSUSA. Subheading 6307.90.9889, HTSUSA, provides for:

Other made up articles, including dress patterns:

Other:

Other:
6307.90.98 Other;

Other:
6307.90.9889 Other.

The legal reasoning and analysis employed in HQ 964711 is incorporated by reference. Headquarters Ruling Letter 964711 is attached to and made a part of this ruling letter.

The textile bags, identified in the FACTS section of this ruling letter as items 120-1, 120-1WM, 120-4, 120-5, 131, 131-2, 133, 151, 120-2 and 130-3, to be imported by Whitney Design, Inc., are individually classified in subheading 6307.90.9889, HTSUSA.

Customs, in the preparation of this ruling letter, took particular note of the sales literature that accompanied the merchandise. The literature refers to many of the bags as “Heavyweight Laundry Bags,” being of “durable” or “heavyweight nylon mesh” construction and suggests that they are suitable for use as “laundry, duffel, storage and utility” bags. One of the bags, although identified as a “Denim Laundry Bag,” is actually constructed of a polypropylene non-woven fabric.

Statements in the sales literature addressing the durability of the merchandise caused Customs to pay particular attention to construction of the bags. It is Customs conclusion that the articles in issue are not of such substantial construction so as to warrant classification in heading 4202, HTSUSA. The articles under classification consideration in this ruling letter are of a lesser construction and, for the reasons announced in HQ 964711, are properly classified in heading 6307, HTSUSA, not heading 4202, HTSUSA.

HOLDING

The textile bags, identified by Whitney Design, Inc. as items: 120-1, 120-1WM, 120-4, 120-5, 131, 131-2, 133, 151, 120-2 and 130-3, are classified in subheading 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated.

The General Column 1 Rate of Duty for subheading 6307.90.9889, HTSUSA, is seven (7) percent, ad valorem.

The legal reasoning and analysis of Headquarters Ruling Letter 964711 (April 2, 2002) is incorporated by reference. Headquarters Ruling Letter 964711 is attached to and made a part of this ruling letter.

Sincerely,

John Durant, Director
Commercial Rulings Division

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