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NY K86054




May 19, 2004
CLA-2-42:RR:NC:3:341 K86054

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Mr. Gordon C. Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of canvas craft organizers from China

Dear Mr. Anderson:

In your letter dated May 11, 2004, you requested a tariff classification ruling. The request is on behalf of Apothecary Products, Inc.

You have submitted two samples identified as styles 90363 and 90365. Each item consists of a specially shaped or fitted outer case wholly made-up of textile materials. The interior of each case contains specially designed and fitted containers of molded plastics. You have referred to the individual containers as a “caddy”. The exterior surface of the whole is of man-made fiber textile materials. Each sample differs only by the size and number of the individual caddy containers. Each caddy container has seven individual lidded sections that are identified in Braille with the day of the week. The individual are securely locked by means of a Patented feature called the EZY MARK. Each sample is packaged within a paperboard sleeve that is printed with sales literature.

The sales literature identifies the items as the “Craft Mates” and “Ezy Snappin Organizer”. The rear panel states “You’ll love the convenience and portability of this canvas craft organizer.” It also states “Hundreds of uses”.

Although you have indicated that the items are “Craft Caddy Organizers”, the two articles appear to be the same as previously ruled upon in NY J89289, October 9, 2003 previously issued to you on behalf of Apothecary Products, Inc. The articles ruled therein bore the same style numbers and injection mold marking as now submitted. Each plastic caddy box is of molded plastic and designed to contain pharmaceutical prescriptions and are also known as seven-day pill organizers. The plastic caddies are made up particularly sturdy and to securely lock. Each is specially shaped and sized for the particular size article(s) placed within. Each are made-up to be portable. The articles of NY J89289 are substantially the same as depicted on the Apothecary Products Internet WEB site and identified as “Ezy-Dose, style numbers 6735 and 6736. The articles are described therein as organizers intended for use by persons who travel with medications.

Classification within the Harmonized Tariff System of the United States, Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that the classification of goods shall be determined according to the terms of the headings 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.

You have suggested classification with the tariff provision HTS 3924.90.5500 that provides, in part, for other household articles of plastics, other, other. Goods classifiable in heading 4202 are excluded from classification in heading 3924 by Chapter 39 exclusion note 2(ij).

Heading 4202, HTSUSA provides, in part, for travel goods. The Heading provides for goods that are eo nomine provided or similar containers or cases. Goods that possess the useful characteristics of storage, protection, organization and portability are classified therein. The first half of the Heading provides for goods of any material while those of the second half must be of a named material or wholly or mainly covered with such material.

The travel organizers, styles 90363 and 90365 are similar to the goods of heading 4202 and are classifiable in heading 4202. Each is a specially shaped or fitted container designed and used to provide storage, protection, organization and portability for a particular article or set of articles. Therefore, they are not classifiable in subheading 3924, HTS. Your samples are being returned as requested.

The applicable subheading for items 90363 and 90365 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for containers or cases other than those of subheading 4202.12, 4202.22 and 4202.32 Other, with outer surface of sheeting of plastics or of textile materials, other, other, other, of man-made fibers. . The rate of duty will be 17.6 percent ad valorem..

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 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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