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HQ 089575

November 20, 1991

CLA-2 CO:R:C:T 089575 CRS


TARIFF NO.: 4202.92.3030

John M. Peterson, Esq.
Neville, Peterson & Williams
39 Broadway
New York, NY 10006

RE: Textile drawstring pouch; handbags; other made up articles; travel, sports and similar bags; Additional U.S. Note 1, Chapter 42, HTSUSA; request for reconsideration of DD 863621; HRL 950000.

Dear Mr. Peterson:

This is in reply to your letter of June 7, 1991, on behalf of Totes, Inc., in which you requested reconsideration of Seattle District Ruling (DD) 863621 dated June 3, 1991. This matter was discussed at a meeting held at Customs' Headquarters on November 7, 1991. In addition, a supplementary submission was made in a letter dated November 14, 1991. A sample of the merchandise in question was provided and is described below.


The merchandise at issue is a drawstring pouch, style 3802, made from 100 percent rayon. It measures 8 inches high and has a 6 inch diameter base. The bag is lined with a satin fabric and has an inner lining of foam and a non-woven textile material. The base has a cardboard or plastic insert. The pouch closes by means of a braided drawstring. The pouch will be manufactured in Hong Kong and will be imported through various ports including Seattle, Cincinnati and Philadelphia. In DD 863621 the pouch at issue was classified in subheading 4202.92.3030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).


The issue presented is whether the merchandise in question is similar to a handbag, or to "travel, sports and similar bags," such that it is classifiable in heading 4202, HTSUSA, or whether it is instead properly classifiable under a residual provision for other made up textile articles.


For the purposes of this ruling two headings are at issue: heading 4202 and heading 6307. Heading 4202, HTSUSA, is a two part provision covering only the articles specifically named therein and similar containers, of which the second part is the relevant portion for the purposes of this ruling. Included within its scope are traveling 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.

In contrast, heading 6307, HTSUSA, is a residual provision for made up textile articles not included more specifically in Section XI, HTSUSA, or elsewhere in the Nomenclature. Among these are laundry bags, shoe bags, stocking, handkerchief or slipper sachets, pajama or nightdress cases and similar articles. Id., EN 63.07, EN/AS 6 (February 1990).

The article in question is made from a rayon velvet material and has a multiple layer inner lining finished in satin. Among the articles covered by heading 4202 are handbags; however, in Customs' view the instant article is distinguishable from a handbag. Compared to purses, pocketbooks, clutch bags, etc., the pouch is made from flimsy material. Moreover, the drawstring, which is the only practical means of carrying the pouch, is not sturdy enough to serve as a handle or strap. Consequently, we do not consider the pouch to be similar to a handbag.

The expression "travel, sports and similar bags" is defined for the purposes of heading 4202 as goods "of a kind designed for carrying clothing and other personal effects during travel." We are advised by the National Import Specialists that articles similar to the instant pouch are commonly used by women as a travel bag for jewelry, lingerie and accessories. In Headquarters Ruling Letter (HRL) 950000 dated October 31, 1991, we stated with regard to a similar pouch:

The Explanatory Notes indicate that heading 4202, HTSUSA, properly includes "similar containers" such as pen-cases, tobacco pouches, tool and jewelry rolls; in other words, articles which are ejusdem generis to the named articles. Such articles are characterized by their design or fit for storing, protecting or transporting other goods...[O]ur New York office advises us that the instant articles are designed to hold, store or protect jewelry or other personal effects....

In Customs' opinion the drawstring pouch at issue therefore comes within the meaning of travel, sports and similar bags pursuant to Additional U.S. Note 1, Chapter 42, HTSUSA.


Pursuant to the foregoing, DD 863621 dated June 3, 1991, is affirmed.

The article in question is classifiable in subheading 4202.92.3030, HTSUSA, under the provision for trunks, suitcases, vanity cases...traveling bags, toiletry bags...and similar articles; other; with outer surface of plastic sheeting or of textile materials; travel, sports and similar bags; with outer surface of textile materials; other; other; of man-made fibers; other. It is dutiable at the rate of 20 percent ad valorem and is subject to textile quota category 670.

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.


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