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HQ 088452


May 2, 1991

CLA-2 CO:R:C:T 088452jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.32.9550

Ms. Maureen Shoule
J. W. Hampton, Jr. & Co., Inc.
15 Park Row
New York, New York 10038

RE: Reconsideration of New York Ruling Letter (NYRL) 857803; classification of a "Dog Joggy Bag" pouch ("Poochie Pouch")

Dear Ms. Shoule:

This is in response to your letter of December 21, 1990, requesting reconsideration of the tariff classification ruling issued under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a "Dog Joggy Bag" pouch to be imported by your client, City Dog Designed. You received NYRL 857803 of November 23, 1990, in response to your initial request. Advertising literature and three samples were submitted along with your request for reconsideration.

FACTS:

The sample in question is a small zippered purse or pouch which is 100 percent nylon. It resembles a miniature duffel bag. It measures 3-3/4 inches by 4-1/2 inches, with two circular side gussets measuring 2-1/4 inches in diameter. Two textile loops, affixed at the top by metal grommets, enable the bag to be worn on a dog's collar belt for the purpose of carrying small personal effects, i.e., keys, money, etc. This item will be sold in the mass market as a "Poochie Pouch."

NYRL 857803 classified the instant pouch under the provision for luggage and similar containers: articles of a kind normally carried in the pocket or in the handbag: with outer surface of textile materials: other: other: of man-made fibers, in subheading 4202.32.9550, HTSUSA.

ISSUE:

Is the instant pouch classified as luggage or similar containers in Heading 4202 or as saddlery and harness for any animal in Heading 4201?

LAW AND ANALYSIS:

You and your client contend that the "Dog Joggy Bag" is intended to be worn on a dog's collar rather than as a human accessory. You argue that the packaging, the literature and the fire hydrant logo on the pouch indicate that it is intended for dogs. Your client states that the pouch is similar to saddlebags worn by horses and that it is capable of carrying clean up bags for dogs. Ms. Winkler states that the bag would be only rarely used as a bait bag in training classes or worn by the dog handler. She further states that the bag is sold exclusively through pet industry distributors. She reiterated these arguments in a conference at Customs Headquarters with Ms. Johnson of this office.

The instant merchandise is a small pouch which is equally capable of being worn on a person's belt or on a dog's collar. The initial advertising literature describing this item states that the "Dog Joggy Bag" is intended to carry "...keys, bags, even the bank deposit." The initial literature also advises that the bag can be hung "...from Fido's collar or from your own belt." Later literature omits all mention of a belt, discussing only Fido's collar.

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

Two previous Customs Headquarters ruling letters have classified similar merchandise as luggage or similar containers in Heading 4202, HTSUSA. In Headquarters Ruling Letter (HRL) 083992 of April 24, 1989, a nylon neck pouch designed to be worn around the neck was classified as luggage of a kind normally carried in the pocket or the handbag, in subheading 4202.32.9550, HTSUSA. In HRL 083902 of May 2, 1989, a wrist sports stash, a pouch intended to be worn on the wrist while jogging or engaging in other sports, was classified in the same subheading.

In both HRL's we observed that the pouches were of a kind usually carried in pockets or in handbags. The mere fact that these pouches were designed to be worn around the neck or the wrist did not remove them from the class or kind of luggage or similar containers of a kind normally carried in the pocket or in the handbag.

The instant "Dog Joggy Bag" is the same type of merchandise. There is no doubt that the bag is intended to hold keys, coins or the like (a function of luggage and similar containers) rather than to function as an animal's saddlery or harness. While the instant bag is designed to be worn affixed to a dog's collar, it is a small purse-type container, the kind which would be normally be carried in a pocket or a handbag. (We note that although the bag is designed to be worn on a dog's collar it can also be worn on a person's belt.) The instant bag is part of the same class or kind of articles as the neck pouch or the wrist stash and therefore must be classified as luggage or similar containers in Heading 4202, HTSUSA.

HOLDING:

NYRL 857803 is affirmed. The "Dog Joggy Bag" is classified in subheading 4202.32.9550, HTSUSA, dutiable at the rate of 20 percent ad valorem. Textile category 670 applies to this tariff provision.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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. Inasmuch as 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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