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HQ 087419

July 12, 1990

CLA-2 CO:R:C:G 087419 SLR


TARIFF NO.: 4202.92.3015

Mr. Marty Langtry
Castelazo & Associates
5420 West 104th St.
Los Angeles, CA 90045

RE: Reconsideration of Detroit District Ruling (DD) 850747 of April 18, 1990; Airlines Amenity Bag; Toiletry Bag

Dear Mr. Langtry:

This ruling is in response to your inquiry of April 23, 1990, on behalf of your client, Mirant Industries, requesting the reconsideration of DD 850747. In that ruling, the Detroit District Director classified various airlines amenity bags in subheading 4202.92.3015, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), the provision for travel, sports and similar bags. A sample was submitted for our examination.


The submitted sample is a pouch made of 100 percent corduroy measuring approximately 6-1/2" X 5-1/2". It has a top nylon coil zipper and is lined with PVC plastic sheeting. A 3/4" wide strip of PVC extends horizontally across the front of the pouch upon which reads "Classe Affaires Canadian Business Class." The pouch is imported empty, filled with various toiletry articles, then distributed by airlines to their passengers.

In your letter, you maintain that the pouch is more properly classifiable in subheading 4202.32.9530, HTSUSA, the provision for articles of a kind normally carried in the pocket or in the handbag. You note that the pouch was designed to be placed in another bag, has no straps or handles, and is awkward for a person to carry by itself for any period of time. You cite several New York Ruling Letters wherein cosmetic pouches were classified in subheading 4202.32, HTSUSA.


Is the subject pouch classifiable as a travel, sports or similar bag in subheading 4202.92.3015, HTSUSA, or as an article of a kind normally carried in the pocket or in the handbag in subheading 4202.32.9530, HTSUSA?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Heading 4202 provides for, among other articles, traveling bags, toiletry bags, and similar containers. The instant pouch resembles a toiletry bag or a doppkit. Consequently, it qualifies as a "similar container" within the purview of this heading.

Subheadings 4202.31 through 4202.39, HTSUSA, provide for articles of a kind normally carried in the pocket or in the handbag. The Explanatory Notes, which represent the official interpretation of the tariff at the international level, indicate that subheadings 4202.31, 4202.32, and 4202.39 include such items as spectacle cases, note-cases (bill-folds), wallets, purses, key-cases, cigarette-cases, cigar-cases, pipe-cases and tobacco-pouches.

Subheading 4202.92.3015, HTSUSA, provides for travel, sports and similar bags. U.S. Additional Note 1 to Chapter 42 indicates that:

For the purposes of heading 4202, the expression 'travel, sports and similar bags' means goods, other than those falling in subheadings 4202.11 through 4202.39, of a kind designed for carrying clothing and other personal effects during travel....

In cases such as the one at hand, a fine line separates a 4202.92.3015 classification from a 4202.32.9530 designation. The style and design of the subject pouch, nonetheless, suggest that it was intended to be a travel bag for the convenience of the passenger, not as an accessory to a handbag. Consequently, the pouch is more properly classifiable in subheading 4202.92.3015, HTSUSA.


The airlines amenity bag is classifiable in subheading 4202.92.3015, HTSUSA, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of cotton, textile category 369, dutiable at 20 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, 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 that 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 available for inspection at your local Customs office.

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.

DD 850747 of April 18, 1990 is affirmed.


John Durant, Director
Commercial Rulings Division

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