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HQ 950000

October 31, 1991

CLA-2 CO:R:C:T 950000 KWM


TARIFF NO.: 4202.32.9550; 4202.92.3030

Mr. Felipe Angel
AG Brokerage
9320 Bellanca Avenue
Los Angeles, California 90045

RE: Fendi drawstring pouches; Jewelry pouches; Similar containers; Travel, sports and similar bags; Suitable for long term use; Textile.

Dear Mr. Angel:

This is in response to your letter of July 2, 1991, regarding the tariff classification of merchandise described as "jewelry pouches." Our reply follows.


Your letter describes the merchandise as jewelry pouches.

Three items are at issue, differing primarily in size. They are textile bags, closed by means of a drawstring at the top. Each is black and has a gold lining. The largest bag is embroidered on the bottom with the Fendi logo. The lining of each bag also displays the Fendi logo. The largest bag measures approximately 8 1/2 inches by 7 inches; the medium bag 5 1/2 inches by 5 inches; the smallest bag 4 1/2 inches by 4 inches. Your correspondence also included information from Ben-K America Co., Ltd., the manufacturer of the bags. That information indicates that the bags are mad from two layers of textile: the exterior or "body" of the bags, and a "lining." The body of the bag is made from nylon fabric and nylon flocking. The lining is nylon acetate fabric. The bag also has de minimus amounts of string cord and metallic trim. Lastly, Ben-K asserts that the merchandise will be principally used "for jewelry holder and . . . will be given away for advertising."


How are these bags classified under the Harmonized Tariff Schedule of the United States Annotated?


Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that
virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes.

Heading 4202, HTSUSA, provides for:

4202 Trunks, suitcases, vanity cases, attache cases. briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; toiletry bags, knapsacks, purses, map cases, cigarette cases, tobacco pouches, toolbags, sports bags, bottle cases, jewelry boxes, powder case, cutlery cases and similar containers, of leather or of composition leather, of plastic sheeting, of textile materials, of vulcanized fiber or paperboard, or wholly or mainly covered with such materials.

Customs regularly consults the Explanatory Notes to the HTSUSA, which constitute the official interpretation of the tariff at the international level. 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. Based on the assertions of your July 2, 1991, submission, and extensive experience with products of this type, our New York office advises us that the instant articles are designed to hold, store or protect jewelry or other personal effects; that the small and medium bag are of the type normally carried on the pocket or handbag, and the larger suitable for personal items during travel. Lastly, note that the sample articles are constructed from a quality textile material, are well made, and appear suitable for such uses.


The jewelry pouches are classified as follows. The small and medium sized pouches (4 1/2 inches by 4 inches, and 5 1/2/ inches by 5 inches) are classified in subheading 4202.32.9550, HTSUSA. The applicable rate of duty is 20 percent ad valorem. The applicable textile visa category is 670.

The large pouch is classified in subheading 4202.92.3030, HTSUSA. The applicable rate of duty is 20 percent ad valorem.

The applicable textile visa category is 670.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota category 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 you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs

Service, which is updated weekly and is available 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 the importation of this merchandise to determine the current status of any import restraints or requirements.


John A. Durant, Director
Commercial Rulings Division

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