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HQ 954620

March 16, 1994

CLA-2 CO:R:C:T 954620 HP


TARIFF NO.: 4202.92.1500

Ms. Sandra B. Peveler
New World Imports, Inc.
1710 Hayes Street
Nashville, TN 37203

RE: Overnight kit bags are travel, sports and similar bags.

Dear Ms. Peveler:

This is in reply to your letter of July 6, 1993. That letter concerned the tariff classification, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of overnight kit bags, produced in China.


The merchandise at issue consists of two items described as "overnight kit bags." The items are manufactured of 100% cotton, and are zippered pouches designed to contain various "travel size" personal toiletries. The items will be provided to travelers as an amenity. Each item is imprinted with the words "OVERNIGHT KIT" and will be imported without the contents.


Whether the overnight kits are considered travel, sports and similar bags under the HTSUSA?


Heading 4202, HTSUSA, provides for, inter alia, travel, sports and similar bags. The General Rules of Interpretation (GRIs) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part, that such "classification shall be determined according to the terms of the headings and any relative section or chapter notes. . . ." Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRIs, taken in order. Additional U.S. Note 1 to Chapter 42 states:

...the expression "travel, sports and similar bags" means goods ... of a kind designed for carrying clothing and other personal effects during travel, including backpacks and shopping bags of this heading....

In classifying goods as "similar," Customs considers many factors. We do not classify articles in heading 4202, HTSUSA, solely on the basis of their potential to contain or hold clothing and/or personal effects. HRL 953176 of March 16, 1993. Bags and pouches that have been found to fall outside heading 4202, HTSUSA, are those that are not adequately constructed for repeated use. Id.

Articles of heading 4202, HTSUSA, can be soft and/or without foundation. HRL 954403 of November 16, 1993. The bag at issue is such an article; i.e., it is of substantial construction and is capable of repeated use. In addition, it is designed to carry personal toiletries on subsequent travel. Accordingly, the overnight kits are properly classifiable as travel, sports and similar bags of heading 4202.


As a result of the foregoing, the instant merchandise is classified under subheading 4202.92.1500, HTSUSA, textile category 369L from China, as travel, sports and similar bags of cotton. The applicable rate of duty is 7.2 percent ad valorem.

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 negotiations 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 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 importing the merchandise to determine the current status of any import restraints or requirements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


John Durant, Director
Commercial Rulings Division

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