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HQ 950618

June 18, 1992

CLA-2 CO:R:C:T 950618 JS


TARIFF NO.: 3923.90.9090

Mr. Rick A. Catalani
Geo. S. Bush & Co., Inc.
1400 Exchange Bldg.
821 Second Avenue
Seattle, Washington 98104

RE: Modification of HQ 089759; flocked PVC; not a textile of heading 6307, HTSUSA

Dear Mr. Catalani:

On September 6, 1992, you were issued 089759 classifying a drawstring jewellery pouch under subheading 6307, HTSUSA. Upon further review, we find that the classification decision in that ruling was in error.


A sample of the subject merchandise was not included, but since one was previously inspected by our office, we stipulate the following facts:

The article is a drawstring jewellery pouch made of PVC which is flocked with a man-made textile fiber. It measures approximately 2 3/4" and 4" and is of the kind normally given away as premium packaging at the time of purchase.

Upon review, we have found that the classification in 089759 was inappropriately based on an analysis of the merchandise as an article made up of PVC backed textile fabric, and that textile flocking is not a "fabric" for purposes of classification. Moreover, since there is no HTS provision which provides for textile flocked pouches, it is proper to look to the material or piece goods from which the goods are made.


The merchandise was classified under subheading 6307.90.9490 as composite goods on the basis of GRI 3(b). Heading 4202 was briefly considered and rejected on the basis that the jewellery pouch is not similar to the articles provided for thereunder.


How should an article of textile flocked PVC material be classified under the HTSUSA.


Heading 6307 has been misapplied in this instance due to the inapplicability of the term "other made up textile articles" to the merchandise at issue. Chapter 63 Note 1 specifically states that subchapter 1 (OTHER MADE UP TEXTILE ARTICLES) applies only to made up articles of any textile fabric. Therefore a determination as to the constituent fabric of the goods at issue is a prerequisite to classification of a product under chapter 63; in this case, we find that textile flocking on a sheet of PVC is not a "fabric" within the meaning of the HTSUSA. On this issue we are directed by Chapter 59, which, if applicable, would serve to classify impregnated, coated, covered or laminated textile fabrics. Note 1 of this chapter states:

Except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of heading 6002.

Since textile flocking is not a woven fabric of chapters 50 to 55 or any of the other headings listed above, it is not considered a textile fabric as required. The material from which the pouch is made would be classifiable as other sheets or film of plastic combined with textile material of subheading 3921.90.1500, HTSUSA.


The merchandise at issue, which is an article, a pouch made of the material described above, is properly classified under subheading 3923.90.9090, HTSUSA, as other articles of plastics and articles of other materials of headings 3901 to 3914: other: other, other, dutiable at the rate of 5.3 percent ad valorem.


In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying HQ 089759 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of HQ 089759 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to HQ 089759 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, HQ 089759 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of HQ 089759 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

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 its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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