United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0953143 - HQ 0953312 > HQ 0953176

Previous Ruling Next Ruling

HQ 953176

March 16, 1993

CLA-2 CO:R:C:T 953176 NLP


TARIFF NO.: 6307.90.9986

Ms. Rosalyn Alberdi
A.J. Arango, Inc.
P.O. Box 3007
Tampa, FL 33601

RE: Drawstring pouches; heading 4202; Explanatory Notes to heading 6307; HRLs 086852, 089759, 089851 and 089371; GRI 3; essential character

Dear Ms. Alberdi:

This is in response to your letter dated August 21, 1992, on behalf of your client, Home Shopping Network, in which you requested the tariff classification of a drawstring pouch under the Harmonized Tariff Schedule of the United States (HTSUS). A sample was submitted for our examination.


The submitted sample, style no. IMPO1B2, is a pouch that is closed on the sides and bottom and open on the top. The opening closes by means of a drawstring. The pouch measures approximately 4 inches by 3 inches. It is constructed from a woven fabric that has been coated, covered, or laminated with plastics. The exterior surface of the pouch is covered with man- made fiber flock.


Is the drawstring pouch a travel or similar container classifiable in heading 4202, HTSUS, or an other made up textile article of heading 6307, HTSUS?


The classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Heading 4202, HTSUS, provides for a number of distinct but related items. Specifically, this heading provides for the following:

Trunks, suitcases, vanity cases, attache cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; 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, of leather or of composition leather, of plastic sheeting, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials.

While drawstring pouches such as the one at issue are not specifically provided for within the terms of the heading, they may be included in the provision for "similar containers."

In classifying goods as "similar" Customs considers many factors. We do not classify articles in heading 4202, HTSUS, solely on the basis of their potential to contain or hold clothing and/or personal effects. Moreover, in Headquarters Ruling Letter (HRL) 086852, dated May 10, 1990, we stated that the "textile drawstring pouches" did not possess the substantiality required of heading 4202, HTSUSA." That ruling also found that the textile drawstring pouches were not specially shaped or fitted similar to other articles of heading 4202, HTSUS. Those factors (or absence thereof) result in an exclusion from classification in heading 4202, HTSUS.

In HRL 089759, dated September 6, 1992, we held that a drawstring pouch, similar to the subject pouch, was not classified in heading 4202. The pouch in HRL 089759 was manufactured from inexpensive flocked textile material, it was not specially shaped or fitted, and it was not a durable item suitable for long term use. Finally, although the pouch could be used for travel purposes, its character was not that of an article designed to transport personal belongings. The pouch was therefore not considered to be a container similar to a jewelry box or a travel bag. The pouch was classified in subheading 6307.90.9490, HTSUS. See also, HRL 089851, dated July 29, 1991 and HRL 089371, dated September 6, 1991.

The subject pouch is also made from inexpensive material, is not specially shaped or fitted and lacks the durability of an article intended for long term use. It is also not designed to transport personal belongings while traveling. Therefore, based on the similarity of the subject pouch and the pouches in the above rulings, it is our position that the subject pouch is also not classified in heading 4202, HTSUS.

Heading 6307, HTSUS, is a residual provision which provides for other made up articles of textiles that are not provided for more specifically elsewhere in Section XI or elsewhere in the nomenclature. See, the Harmonized Commodity Description and Coding System Explanatory Notes to heading 6307, pages 867-8. As the drawstring pouch is not classifiable in heading 4202, HTSUS, and is not provided for more specifically elsewhere in the HTS, it is classifiable in heading 6307, HTSUS. Specifically, it is classified in subheading 6307.90.9986, HTSUS.


The drawstring pouch is classified in subheading 6307.90.9986, HTSUS, which provides for "[o]ther made up articles, including dress patterns: [o]ther: [o]ther: [o]ther: [o]ther: [o]ther." It is dutiable at the rate of 7 percent ad valorem.

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.


John Durant, Director

Previous Ruling Next Ruling

See also: