United States International Trade Commision Rulings And Harmonized Tariff Schedule
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HQ 084257

July 18, 1989

CLA-2 CO:R:C:G 084257 JLJ, 838574


TARIFF NO.: 6307.90.9030

Ms. Mary Murphy
Customs Coordinator
Reebok International Ltd.
150 Royall Street
Canton, Massachusetts 02021

RE: Tariff classification of textile shoe bags

Dear Ms. Murphy:

You requested a tariff classification for a textile shoe bag from South Korea. You submitted a sample with your request.


The instant shoe bag is a textile pouch made of 65 percent polyester and 35 percent cotton. Each shoe bag will contain one golf shoe. The word "Reebok" is marked on one side of the pouch in letters which are approximately 2/3 to 3/4 inches high. The bag has a drawstring closure at one end. The bag has been cut and sewn to fit a golf shoe. Each pair of golf shoes is imported with two shoe bags, one for each shoe.


What is the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) classification of this shoe bag?


You suggest classifying the shoe bags along with the golf shoes with which they are imported as packaging. General Rule of Interpretation (GRI) 5, HTSUSA, reads as follows:

5. In addition to the foregoing provisions, the following rules shall apply in respect of the goods classified therein.

(a) Camera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specially 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 there- with. This rule does not, however, apply to containers which give the whole its essential character.

(b) Subject to the provisions of rule 5(a) above, packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision does not apply when such packing materials or packing containers are clearly suitable for repetitive use.

These shoe bags are not the type of containers which are normally sold with or used for packing shoes. Shoe boxes are normally sold with and used for packing shoes. Inasmuch as GRI 5(a) and 5(b) specify that packing containers must be the type normally sold with or used for packing the item, the shoe bags cannot be classified as packing.

You also suggest classification as other made up textile articles in Heading 6307. The Explanatory Notes for Heading 6307 state: "This heading covers made up articles of any textile material which are not included more specifically in other headings of Section XI or elsewhere in the Nomenclature. It includes, in particular...(5) Domestic laundry or shoe bags, stocking, handkerchief or slipper sachets, pajama or nightdress cases and similar articles." We find that the instant shoe bag is classified under the provision for other made up articles, including dress patterns: other: other: other, in subheading 6307.90.9030, HTSUSA, dutiable at the general rate of 7 percent ad valorem.


The shoe bag is classified in subheading 6307.90.9030, HTSUSA.


John Durant, Director

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