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HQ 966496




August 8, 2003

CLA-2 RR:CR:TE 966496 KSH

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060

Brian J. Murphy, Esq.
Stein, Shostak, Shostak & O’Hara
Suite 1200
515 South Figueroa Street
Los Angeles, CA 90071-3329

RE: Insulated bottle case; 4202.92.9060, HTSUSA

Dear Mr. Murphy:

This letter is in response to your request on behalf of your client, Picnic Time, Inc., dated April 18, 2003, concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of insulated bottle cases from China. A sample was submitted with your request.

FACTS:

Three wine cases are the subject of this ruling request. The sample submitted is described as a wine case capable of holding one bottle of wine identified as “Sonata”, style number 661-95. The remaining two wine cases are identified as “Adagio”, style number 662-95, which can hold two bottles of wine and “Rhapsody”, style number 663-95, which can hold three bottles of wine.

All of the wine cases are similarly constructed. The submitted sample is octagonal in shape and measures approximately 5” in height by 5” in width and 14.5” in depth. It is covered on the exterior with a sheeting of plastics with a layer of foam plastic between the base and the exterior plastic sheeting. The interior is lined with a velour material which covers a layer of foam closed-cell plastics. The interior of the case also includes a brushed stainless steel corkscrew which is secured by a fitted, buttoned strap. The bottle case can be secured with a metal fastener. The case also includes a removable shoulder strap. The two- and three-bottle cases each have a handle affixed to the top of the lid. The cases are designed to provide storage, protection, organization and portability for the bottle(s) they contain, and claimed to be chiefly used also to maintain the beverages’ chilled temperatures.

ISSUE:

What is the proper classification of the subject insulated bottle cases, each of which includes a metal corkscrew?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification 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 headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Harmonized Commodity Description and Coding System Explanatory Notes (EN), constitute the official interpretation at the international level. While neither legally binding nor dispositive, the EN provide a commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings.

Heading 4202, HTSUSA, is a two part heading which covers only the articles specifically named therein and similar containers. The first portion of the heading covers trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers. The second portion covers 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. Bottle cases are prima facie classifiable within heading 4202, HTSUSA.

A “bottle case” is an eo nomine exemplar, not a use provision, as the term describes the merchandise by name, not by use. See Clarendon Marketing, Inc. v. United States, 144 F.3d 1464, 1467 (Fed. Cir. 1998); and Nidec Corp. v. United States, 68 F.3d 1333, 1336 (Fed. Cir. 1995). "An eo nomine designation, with no terms of limitation, will ordinarily include all forms of the named article." Hayes-Sammons Co. v. United States, 55 C.C.P.A. 69, 75 (1968). Accordingly, a use limitation should not be read into an eo nomine provision unless the name itself inherently suggests a type of use. See Pistorino & Co. v. United States, 599 F.2d 444, 445 (CCPA 1979); United States v. Quon Quon Co., 46 C.C.P.A. 70, 72-73 (1959); F.W. Myers & Co. v. United States, 24 Cust. Ct. 178, 184-85, (1950).

Your client argues that “insulated food or beverage bags” is a use provision and should govern the classification of the bottle cases at issue. The general rule of Customs jurisprudence is that, “'in the absence of legislative intent to the contrary, a product described by both a use provision and an eo nomine provision is generally more specifically provided for under the use provision.'" United States v. Orlando, 140 F.3d 1437,1441 (1998) (quoting United States v. Siemens Am., Inc., 68 C.C.P.A. 62, 653 F.2d 471, 477 (1981). However, this rule is not obligatory and only provides a "'convenient rule of thumb for resolving issues where the competing provisions are in balance [i.e., equally descriptive].'" United States v. Carl Zeiss, 195 F.3d at 1380 (1999) (quoting Seimens Am., 653 F.2d at 478 n.6); see also Totes, Inc. v. United States, 69 F.3d 495, 500 (Fed. Cir. 1995).

Even though a use provision is usually more specific than an eo nomine provision, we decline to apply that “rule of thumb” to the instant case because the competing subheadings do not "equally describe" the merchandise at issue. Bottle cases are designated eo nomine in heading 4202, HTSUSA, and eo nomine designations include all forms of the article in issue albeit single or multiple bottle carrying capacity. We are mindful of prior rulings which have distinguished between single and multiple bottle bags, however we note that the multiple bottle bags described in those rulings were not specially fitted bottle cases.

You have provided evidence to support your claim that the middle layer of insulation between the inner shell and the exterior imitation velvet lining is the same type of insulation used in all insulated bags. While the middle layer may be used to maintain temperature of the wine it is equally useful in providing cushioning for the bottle(s). Moreover, you have not demonstrated that the outermost lining material, i.e., the imitation velvet, is water-resistant. Although, the lack of a water-resistant lining does not preclude an article’s classification as an insulated food or beverage bag, it does indicate that interior dampness is not intended.

The metal corkscrew, standing alone, would be classified in subheading 8205.51.3030, HTSUSA, as a household tool, kitchen and table implement.

An examination of the dictates of GRI 3 is appropriate because the goods are prima facie classifiable under two or more headings: the bottle case in heading 4202, HTSUSA, and the corkscrew in heading 8205, HTSUSA. General Rule of Interpretation 3(a) provides that the articles shall be classified according to the heading which affords the most specific description, unless the multiple headings under consideration refer to only part of the materials or substances contained in goods that are mixed or composite, or to only part of “items in a set put up for retail sale.”

GRI 3(b) additionally provides that goods put up in sets for retail sale shall be classified as if they consisted of that component of the set which gives the set its “essential character.” We conclude that the component which gives each set its “essential character” is the bottle case. The particular need or specific purpose that the sets serve is the ability to transport and enjoy a bottled refreshment. The bottle cases have the indispensable role in this activity, providing the sets with their predominate intrinsic and financial value. See HQ 965150, dated August 20, 2001 and HQ 965151, dated July 30, 2001.

The bottle cases are properly classified in subheading 4202.92.9060, HTSUSA, as “bottle cases: Other: With outer surface of sheeting of plastic or of textile materials: Other: Other, Other: Other.”

HOLDING:

The insulated bottle cases are classified in subheading 4202.92.9060, 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, 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 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, Other: Other." The general column one duty rate is 17.8% percent ad valorem.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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