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HQ 964862




May 14, 2002

CLA-2 RR:TC:TE 964862 TMF

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Steve Homokay, Senior Consultant
Trade and Regulatory Services
PBB Global Logistics
434 Delaware Avenue
Buffalo, New York 14202

RE: Classification request concerning the nylon bag component of a Justin Case® New Travelers Premium Auto Safety Kit (Style Number AS005); automobile emergency roadside kits; GRI 3(b) and 5(a); HQ 964937; HQ 965021

Dear Mr. Homokay:

This is in response to your request on behalf of your client, Micris One, Inc., dated February 1, 2001, concerning the classification and country of origin marking determination of a Justin Case® New Travelers Premium Nylon Bag under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). You submitted a brochure and sample of the merchandise along with your request. We are referring the marking determination to the Special Classification Branch within this office.

FACTS:

Style Number AS005 contains a 1000 dernier nylon carrying bag that is packed ready for retail sale with a safety kit that is suitable for use in an emergency when operating a vehicle. The carrying bag, made of nylon, is described in the brochure as a “premium red and black carrying case with multiple compartments, additional pockets and reflective strips.” The bag has three separate compartments that are further compartmentalized to hold the contents. The bottom of the bag has hook and loop closure strips for securing to the trunk of a vehicle.

You state that your client had the bag specifically made to hold the contents. Your client’s website and brochure show style number AS005 which consists of the nylon bag and eighty-eight articles that provide roadside assistance to the user in the case of an emergency. The bag and its contents, which are packed in a cardboard box, will be imported together to be sold to U.S. companies who will either give the merchandise as a promotional gift or sell the goods at retail. In your letter, you listed the contents

However the brochure also lists 1 Phillips screwdriver; 1 standard screwdriver; 1 siphon pump; 1 SOS banner; 1 emergency water bag; 6 handiwipes; 1 foam kneeling pad; 12 inch cable ties. and their respective country of origin marking as follows:

DESCRIPTION
COUNTRY OF ORIGIN MARKING
Soft sided Nylon bag, red/black, Reflective yellow strips composed of 3 compartments with mesh pouches inside and one mesh outside on the outside of the bag Tag indicating China
1 Set of 12’ x 8 gauge booster cables
China
1 can tire inflator
Canada
1 flashlight
Raised letters on bottom-Thailand
2 D cell batteries
China
1 orange safety vest
China
1 yellow emergency rain poncho
China
1 pair of string knit gloves
Canada
1 survival instruction card
Canada
1 dust cloth
Note: The brochure states 3 shop cloths.
Possibly from Canada but not marked
1 first aid kit

Note: The brochure states 53 pieces but packet label states: “10 adhesive strips; 3 antiseptic towelettes; 2 sting stops, 2 gauze pads; 1 first aid manual and 1 resealable poly bag.” Canada on outside container; some of contents marked with c/o 1 two-piece plastic triangle
China
1 tow rope
China
15 minute flare
Listed on advertisement as from China
1 fabric blanket
Canada

You indicated that the kit contents were classified in previous rulings issued by US Customs Note: Customs Infobase identified four New York rulings issued to Micris One. They are: NY D88024, dated March 5, 1999 (issuing a classification/marking determination pertaining to imported first-aid kits); NY D88516, dated March 31, 1999 (classifying an Ultimate Auto Safety Kit); NY E89696, dated December 6, 1999 (classifying an Extreme Winterizer Plus Safety Kit) which is presently pending as a Headquarters reconsideration (HQ 964862), and NY F89716, dated July 27, 2000 (classifying a Life Hammer). . You also requested that we consider whether the nylon bag component is classifiable within GRI 5(a), HTSUSA, thereby resulting in the bag and contents being classified together with the value prorated over the contents. ISSUE:

What is the proper classification of the nylon bag component of the Justin Case® New Travelers Premium Auto Safety Kit (Style Number AS005) under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

The classification of emergency roadside automobile kits bag components was addressed previously in HQ 964937, dated March 19, 2002 and HQ 965021, dated March 19, 2002. In both rulings, the emergency kits’ bag components were described as soft-sided plastic, reinforced, zippered bags with straps. Customs determined that the kits were not sets pursuant to GRI 3(b) and classified the bag components individually in subheading 4202.92.90, HTSUSA.

The instant bag component is made of sturdy nylon fabric and has straps, zippers, and several compartments to contain emergency roadside assistance articles. The bag is substantially similar in function to the merchandise addressed in the aforementioned rulings and is classified accordingly in subheading 4202.92.9026, HTSUSA.

Although certain containers may be classified with the articles they are designed to hold, we do not find the instant bag to satisfy GRI 5(a), HTSUSA, which states:

Camera cases, musical instruments, gun cases, drawing instrument cases, necklace cases and similar containers, specifically shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character.

The intent of the language of GRI 5(a) and the ENs to GRI 5(a) is that a container is specifically shaped or fitted for, in this case, the contents it holds.” The EN(I) to GRI 5(a) states: “This rule shall be taken to cover only those containers which “are specially shaped or fitted to contain a specific article or set of articles, i.e., they are designed specifically to accommodate the article for which they are intended.” Although the nylon bag contains multiple compartments and textile netting on one side of the interior, its compartments and pockets are not specially shaped or fitted to hold all of its contents. Thus, the instant bag does not satisfy the requirements of GRI 5(a). Therefore, it is separately classified from its contents pursuant to GRI 1. HOLDING:

The nylon bag component of the Justin Case® New Travelers Premium Auto Safety Kit is classified in subheading 4202.92.9026, HTSUSA, textile category 670, which provides for: “Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage 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: Other, With outer surface of textile materials: Other: Of man-made fibers.”

The general column one duty rate is 18.1 percent ad valorem. There are no applicable quota/visa requirement for the products of World Trade Organization (“WTO”) members. The textile category number above applies to merchandise produced in non-WTO member countries.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found on the U.S. Customs Service Website at www.customs.gov.

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
Commercial Rulings Division


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